Satish vs The State Of Madhya Pradesh
2023 Latest Caselaw 1348 MP

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT INDORE
                                                       CRA No. 7614 of 2022
                                                 (SATISH Vs THE STATE OF MADHYA PRADESH)

                          Dated : 23-01-2023
                                Shri Manish Yadav - Advocate for the appellant.

                                Shri Vishal Panwar - Panel Lawyer for respondent/ State.

Record of the trial Court has been received. Heard on admission.

Present appeal is admitted for final hearing.

Heard on I.A. No.11844 of 2022, which is an application under Section 389 of Cr.P.C. for suspension of remaining jail sentence and grant of bail.

Appellant has been convicted under Sections 363, 366(A) and 376(2)(N) of IPC and has been sentenced to undergo 3 years R.I. with fine of Rs.1,000/-, 5 years R.I. with fine of Rs.1000/- and 10 years R.I. with fine of Rs.2000/- respectively with usual default stipulation.

Learned counsel for the appellant submits that appellant is an innocent person and he has been falsely implicated in this matter. During the trial appellant was on bail and he has not misused the liberty granted to him. He is in

custody since 26.08.2022 that is from the date of judgment. Prosecutrix voluntarily remained in the company of present appellant for a period of 25 days and I.O. admits in cross examination that prosecutrix was not recovered from the possession of the present appellant. At the time of incident she was major. Looking to old pendency of the cases for consideration, final conclusion of this appeal would take sufficient long time. There is a strong case in favour of the appellant. Hence, the execution of the remaining part of the jail sentence of the appellant be suspended till the final disposal of this appeal. Signature Not Verified Signed by: TEJPRAKASH VYAS Signing time: 1/24/2023 10:35:39 AM

Per contra, learned counsel for the respondent / State opposes the application for suspension of sentence and prays for its rejection.

Considering all the facts and circumstances of the case, nature of the allegation levelled against the appellant and also taking note of the fact that prosecutrix (PW-2) admits in her cross examination that she remained in company of appellant for a period of one month and three days and now she has married and gave birth a child, in para 9 of the cross examination she admits that appellant has not abducted her, appellant was on bail during the trial; there is no complaint that he has misused the liberty granted to him and final conclusion of the appeal will also take sufficient long time. In view of the

aforesaid facts and circumstances of the case, I find it is to be a fit case to suspend the remaining custodial sentence of the appellant.

Accordingly, I.A. No.11844 of 2022 is allowed and it is directed subject to deposit of fine any amount, if not already deposited, and subject to furnishing personal bond by the appellant in the sum of Rs.75,000/- (Rupees Seventy Five Thousand Only) with one surety in the like amount to the satisfaction of learned trial Court for his appearance before the Registry of this Court on 20/06/2023 and on all such subsequent dates, which are fixed in this behalf, the execution of remaining custodial part of the sentence of the appellant shall remain suspended, till final disposal of this appeal.

Registry is directed to list the matter for final hearing in due course. Certified copy as per rules.

(ANIL VERMA) JUDGE

Anushree

Signature Not Verified Signed by: TEJPRAKASH VYAS Signing time: 1/24/2023 10:35:39 AM

Signature Not Verified Signed by: TEJPRAKASH VYAS Signing time: 1/24/2023 10:35:39 AM