Santosh vs The State Of Madhya Pradesh
2023 Latest Caselaw 1419 MP

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 2819 of 2022 (SANTOSH Vs THE STATE OF MADHYA PRADESH)

Dated : 24-01-2023 Shri Teekaram Tantuvay - Advocate for the appellant.

Shri K.S. Patel - Panel Lawyer for the State.

Record of the Court below has been received. Heard on question of admission.

Admit.

Also heard on I.A.No.17164/2022, which is second application under Section 389 (1) of Cr.P.C. for suspension of sentence and grant of bail on behalf of the appellant. Earlier application of the appellant was dismissed for want of prosecution vide order dated 03.09.2022.

The appellant has been convicted under Section 376(1) of the Indian Penal Code and sentenced to undergo R.I. for 10 years with fine of Rs.500/- and Section 450 of the Indian Penal Code and sentenced to undergo R.I. for 10 years with fine of Rs.500/- respectively, with default

stipulations.

Learned counsel for the appellant submitted that the appellant is innocent and he has falsely been implicated in the crime in question. The trial Court has not properly appreciated the oral and documentary evidence available on record. Co-accused/Asharam has already been granted bail by

Signature Not Verified this Court vide order dated 28.06.2022. Appellant is in custody from the SAN

Digitally signed by NITESH PANDEY date of judgment i.e. 15.02.2022. Final disposal of this appeal would take Date: 2023.01.25 17:17:06 IST

considerable time. Hence, prayer for suspension of sentence and grant of

bail is made.

Learned Panel Lawyer has opposed the prayer for grant of bail and suspension of sentence.

From the prosecution case, it appears that prosecutrix was a major and married lady, she has five children in which two were married, offence committed in the presence of her husband and other family members were present in the same house.

Considering the over all facts and circumstances of the case; period of custody; final disposal of this appeal would take considerable time,

without commenting on merits of the case, the application is allowed.

It is directed that subject to depositing the fine amount, if not already deposited and on furnishing a personal bond in a sum of Rs.40,000/- (Rupees Forty Thousand only) with one surety in the like amount to the satisfaction of the trial Court concerned, the custodial sentence of appellant shall remain suspended and he shall be released on bail for securing his presence before the trial Court on 11.07.2023 and on such other dates as may be fixed in this regard during pendency of this appeal.

The appellant shall appear before the trial Court concerned on each and every date without fail.

List the matter for final hearing in due course.

(SMT. ANJULI PALO) JUDGE Signature Not Verified SAN Nitesh Digitally signed by NITESH PANDEY Date: 2023.01.25 17:17:06 IST