Prem Narayan vs The State Of Madhya Pradesh
2023 Latest Caselaw 3235 MP

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT GWALIOR
                                                          CRA No. 1720 of 2023
                                                 (PREM NARAYAN Vs THE STATE OF MADHYA PRADESH)

                          Dated : 22-02-2023
                                 Shri Asha Ram Shivhare with Shri Atul Gupta, learned counsel for the

                          appellant.
                                 Shri VPS Tomar, learned counsel for the respondent- State.

Heard on the question of admission.

Record of the trial Court has been received.

Perused the impugned judgment as well as record. Appeal being arguable, is admitted for final hearing. Also heard on IA No.3400 of 2023, which is the first application under Section 389(1) CrPC filed on behalf of appellant for suspension of sentence and grant of bail.

Vide judgment of conviction and order of sentence 17-01-2023 passed by Sixth Additional Sessions Judge, Gwalior in Sessions Trial No. 137 of 2018, the appellant has been convicted under Section 306 of IPC and sentenced to undergo rigorous imprisonment with eight years with fine of Rs. 2,000/- with

default stipulation.

As per prosecution case, on 02-02-2018, uncle of deceased Hemlata (PW5) brought deceased to JA Hospital Gwalior where during treatment she died. It is alleged that deceased committed suicide by taking poisonous substance. A merg was recorded and matter was enquired. Thereafter, crime was registered for offence under Section 306 of IPC. In the suicide note, the deceased has stated that the present appellant is her cousin and he used to come to her house as well as to the house of her elder sister situated at Delhi Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 2/23/2023 7:01:10 PM

and he offered for friendship with her. When she objected to it, he convinced her mother and father that he will get her education at Gwalior in Law. On 17- 10-1999, the appellant left her at her grand-mother's house from her sister's house and then the appellant had gone to his own house. After one week, on the pretext of taking her to College, he came and took her with him to his house where he offered tea to her. After taking tea, she became unconscious. Thereafter, he committed sexual intercourse with her and threatened her if she discloses to anybody he will defame her. Thereafter, he used to sexually exploit her and due to physical relationship in 2000, she became pregnant and got self-aborted thrice. Due to shame, she could not disclose anything to anyone.

During their period, marriage of the appellant was solemnized and he denied that he will not make physical relationship with any other lady. For the sake of suicide, after four years, his wife went away after leaving. The appellant used to physical relationship with her. He used to drive an auto. When she narrated the fact about her 18 years life to her mother, nobody turn up to help her. The appellant took a room in Mahima Hospital where both of them told that they will live in live-in relationship and thereafter, she remains in depression and committed suicide. Her postmortem was conducted. Viscera was preserved. As per the chemical report, the deceased died due to taking poisonous substance.

It is submitted by learned counsel for the appellant that the trial Court has committed an error in convicting the present appellant. Merg intimation as well as FIR has not been proved by prosecution. Betibai (DW3) who is the real aunt of deceased in his evidence has specifically deposed that deceased was under treatment of psychiatric. It is further submitted that appellant was in custody for more than one and half months during and trial and is in jail from 17-01-2023.

Signature Not Verified He was on bail during trial and did not misue the liberty so granted to him. This Signed by: MAHENDRA BARIK Signing time: 2/23/2023 7:01:10 PM

appeal is of 2023 and final outcome of appeal will take some time. Hence, prayed for suspension of jail sentence and grant of bail.

On the other hand, the application is opposed by the Counsel for the State.

Considering the aforesaid facts and circumstances of the case without expressing any opinion on the merits of the case, IA is allowed. On depositing the fine amount (if not deposited by the appellant), the remaining execution of jail sentence of appellant shall remain suspended and he shall be released on bail on furnishing a personal bond in the sum of Rs.25,000/- (Rupees twenty five thousand) along with one solvent surety in the like amount to the satisfaction of trial Court, for his appearance before the Registry of this Court first on 2nd May, 2023 and on all other subsequent dates as may be fixed by the office.

List the appeal for final hearing in usual course. CC as per rules.

(DEEPAK KUMAR AGARWAL) JUDGE

MKB

Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 2/23/2023 7:01:10 PM