Durgesh vs The State Of Madhya Pradesh
2023 Latest Caselaw 508 MP

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                                          IN THE HIGH COURT OF MADHYA PRADESH
                                                        AT INDORE
                                                        CRA No. 6792 of 2022
                                            (DURGESH Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                           Dated : 09-01-2023
                                  Shri Nisheet Wishard, learned counsel for the appellant.

                                  Shri K.K. Tiwari, learned Govt. Advocate for respondent/State.

Shri Ronak Jain, learned counsel for the objector.

Heard on the question of admission.

Admit.

I.A. No.13250/2022, first application for suspension of sentence and grant of bail filed on behalf of appellant- Durgesh is taken up.

Victim also filed IA No.15876/2022, for no objection to grant of bail to the appellant.

Appellant has been convicted under Section 363 of IPC and sentenced to undergo R.I. for 03 years with fine of Rs.1000/-, under Section 376(2)(N) of IPC and sentenced to undergo R.I. for 10 years with fine of Rs.1000/-, under Section 506 Part - II of IPC and sentenced to undergo RI for 01 years with fine of Rs.500/- and under Section 3(2)(V) of SC/ST (Prevention of Atrocities) Act

and sentenced to undergo life imprisonment with fine of Rs.1000/- with default stipulation.

A s per prosecution case, on 15.02.2018 prosecutrix was going to aganwadi kendra with her 2 years child for recording his weight. At that time, appellant came and offered the prosecutrix to drop her at aganwadi kendra. The prosecutrix set on his motor cycle. She tried to scream but the appellant has threatened to kill her. Thereafter, the appellant took her Dhar and Ratlam by bus. He kept the prosecutrix and her child in 'Hotel Silver In' for four days and Signature Not Verified Signed by: VIBHA PACHORI Signing time: 10-01-2023 10:28:21

repeatedly committed rape with her.

Learned counsel for the appellant submits that the prosecutrix is married and major lady. She went with the appellant voluntarily. He did not take her by force. The prosecutrix has lodged report on 03.03.2018 upon pressure of her husband. Delay has not been explained properly by the prosecutrix. Appellant was in custody since 06.03.2018 to 13.03.2018 and is also in custody from the date of judgment. The final hearing of this appeal is not possible in near future. Therefore, the remaining jail sentence of the appellant may be suspended.

Learned Govt. Advocate has opposed the prayer of the appellant. Learned counsel for the objector submits that the objector has no

objection to grant of bail to the appellant.

We have heard learned counsel for the parties at length and perused the record.

Considering the facts and circumstances of the case, coupled with the fact that the final hearing of this appeal is not possible in near future, in view of this Court, it is a fit case to suspend the remaining jail sentence of the appellant. Accordingly I.A. No.13250/2022 is allowed.

It is directed that on deposition of the fine amount, if not deposited, and also on furnishing a personal bond of Rs.50,000/- (Rupees Fifty Thousand) with one solvent surety in the like amount to the satisfaction of the trial Court for his appearance before the Registry of this Court on 27.02.2023 and on all other subsequent dates, as may be fixed by the Registry in this behalf, the execution of substantial jail sentence imposed on the appellant-Durgesh shall remain suspended, till final disposal of this appeal.

List in due course.

Signature Not Verified Signed by: VIBHA PACHORI Signing time: 10-01-2023 10:28:21

C.C as per rules.

                              (S. A. DHARMADHIKARI)        (PRAKASH CHANDRA GUPTA)
                                       JUDGE                        JUDGE

                           Vibha




Signature Not Verified
Signed by: VIBHA PACHORI
Signing time: 10-01-2023
10:28:21