Hardev Kori vs The State Of Madhya Pradesh
2023 Latest Caselaw 324 MP

                         IN THE HIGH COURT OF MADHYA PRADESH
                                           AT INDORE
                                      CRA No. 3356 of 2022
                              (HARDEV KORI Vs THE STATE OF MADHYA PRADESH)



         Dated : 05-01-2023
             Ms. Prasoon Birthare, learned counsel for the appellant.
                   Shri Hemant Sharma GA for the respondent/State

__________________________________________________________ Heard on admission.

Appeal is admitted for hearing.

Also heard on I.A. no. 5157/2022, which is an application for grant of bail and suspension of remaining jail sentence of the appellant under section 389 (1) of Cr.P.C.

The appellant has been convicted under sections 376 (2)(i), 376(2)(n) and 376(2) f) of IPC and sentenced to undergo ten years RI with fine of Rs. 2000/-; on each count with default stipulation vide judgment dated 16/11/2021 passed by 14th Additional Sessions Judge and Special Judge (under the POCSO Act) Indore in Sessions Case no. 348/2016

Learned counsel for the appellant submitted that he has already completed the jail sentence of more than six years out of the awarded jail sentence. The prosecutrix and the appellant both are the close relative and the prosecutrix was the consenting party. She remained in the company of the appellant with her sweet will. The appellant has been acquitted from the charges of sections 363 and 366 of IPC There is strong case in favour of the appellant. Final conclusion of the pending appeal will take considerable long time. He has already suffered 50% of the awarded jail sentence.

Signature Not VerifiedUnder these circumstances, he prays that the application be Signed by: AMOL N MAHANAG Signing time: 1/5/2023 6:21:31 PM allowed and the remaining jail sentence of the appellant be suspended till final disposal of the appeal.

Learned GA for the respondent/State opposed the prayer for grant of bail and suspension of remaining jail sentence of the appellant by submitting that the appellant has been properly convicted and sentenced by the trial Court.

Considering all the facts and circumstances of the case, arguments advanced by both the parties as also taking note of the fact that the appellant has suffered six years jail sentence, which is more than half of the jail sentence awarded to him; he is not having any criminal background; he is a young person of 25 years and final hearing of appeal is likely to take time, I deem it proper to suspend the remaining jail sentence of appellant

Accordingly, IA No.5157/2022 is allowed and the execution of remaining jail sentence of the applicant is hereby suspended till the final disposal of this appeal and it is ordered that the applicant be released on bail upon his depositing the fine amount, if not already deposited, and upon furnishing a personal bond in the sum of Rs.75,000/- with one solvent surety of the like amount to the satisfaction of the trial Court, with a further direction to appear before the Registry of this Court on 16/03/2023 and on such other dates, as may be fixed by the Registry of this Court in this regard during the pendency of this appeal.

Let the matter for final hearing in due course.

C.C. as per rules.

(ANIL VERMA) JUDGE amol Signature Not Verified Signed by: AMOL N MAHANAG Signing time: 1/5/2023 6:21:31 PM