Sarman Barsiya vs The State Of Madhya Pradesh
2023 Latest Caselaw 1178 MP

                                                               1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                       CRA No. 10264 of 2022
                                             (SARMAN BARSIYA Vs THE STATE OF MADHYA PRADESH)

                           Dated : 19-01-2023
                                 Mr. Pramod Kumar Sahu - Advocate for the appellant.

                                 Ms. Vibha Pathak - Panel Lawyer for the respondent/State.

Record of the Court below is available.

Heard on admission.

Admit.

Also heard on I.A. No.21064/2022, which is first application for suspension of sentence and grant of bail filed on behalf of the appellant.

The appellant has been convicted by the trial Court under Sections 323, 366, 376(1) of the IPC and sentenced to R.I. for 1 year with fine of Rs.500/-, R.I. for 10 years with fine of Rs.1,000/-, R.I. for 10 years with fine of Rs.1,000/-, with default stipulation.

Learned counsel for the appellant has submitted that the appellant is in custody since the date of judgment i.e.14.10.2022. The appellant is innocent and has falsely been implicated only on the initiation of husband of the

prosecutrix, because from the statement of the prosecutrix, it is clear that her husband and other elder members of his family have objection with the relationship between the appellant and the prosecutrix while their meeting and other occasions. It is clear that she was a consenting party. Statement of prosecutrix's husband (PW-5) also indicates the same. From the record itself, it is established that the lady was major at the time of incident, she was married having one child. It is also submitted that according to the prosecution story, the child himself saw the incident, but he was not produced for examination. Signature Not Verified Signed by: PRACHI PANDEY Signing time: 1/20/2023 5:06:32 PM

Upon these submissions, it is prayed that jail sentence of the appellant may be suspended and he may be released on bail.

Learned Panel Lawyer has opposed the application. Considering the aforesaid and the facts and circumstances of the case, I find it to be a fit case to suspend the custodial sentence of the appellant, this application is allowed.

I t is directed that subject to depositing the fine amount, if not already deposited and on furnishing a personal bond in the sum of Rs.40,000/- (Rupees Forty Thousand Only) with one solvent surety in the like amount to the satisfaction of the trial Court concerned, remaining jail sentence imposed

upon the appellant shall remain suspended during the pendency of this case and he shall be released on bail.

The appellant shall appear before the Registry of this Court on 06.07.2023 and on all such subsequent dates, as may be fixed in this regard during the pendency of this appeal, without fail.

List for final hearing in due course.

(SMT. ANJULI PALO) JUDGE

Prachi

Signature Not Verified Signed by: PRACHI PANDEY Signing time: 1/20/2023 5:06:32 PM