Mukesh vs The State Of Madhya Pradesh
2023 Latest Caselaw 825 MP

                                     1
            IN THE HIGH COURT OF MADHYA PRADESH
                          AT INDORE
                            CRA No. 3927 of 2022
                      (MUKESH Vs THE STATE OF MADHYA PRADESH)

Dated : 13-01-2023
      Shri Ashish Gupta, Advocate for the appellant.

      Shri Akash Sharma. Government Advocate for the respondent/State.

Heard on I.A. No.6091/2022, which is first application filed under Section 389 of Cr.P.C. for grant of suspension of jail sentence moved on behalf of the appellant - Mukesh.

Learned Trial Court has convicted the appellant under Section 376 of IPC and sentenced him to undergo life imprisonment with fine of Rs.5,000/-, with default stipulation, vide judgement of conviction and order of sentence dated 23.02.2022 passed by the Additional Sessions Judge, Dharampuri, District Dhar, in S.T. No.28/2017.

As per prosecution case, on 01.05.2017 at about 08:00 to 09:00 PM, the appellant forcefully committed rape with the victim.

Learned counsel for the appellant submits that the victim is a major and married lady. She is also a mother of two children. He has not committed any

offence and has falsely been implicated in the matter. FIR was lodged after four days of incident. Delay has not been properly explained. Statements of victim is not supported by medical and FSL report. During trial, the appellant was on bail and he is in custody from the date of judgment. Final hearing of this appeal is not possible in near future therefore, it is prayed that the remaining sentence may be suspended and the appellant may be released on bail.

Learned Government Advocate for the respondent/State has opposed the prayer to the extent of objection.

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

Looking to the evidence available on record coupled with the fact that the final disposal of this appeal is not possible in near future, without expressing any opinion on the merits of the case, I.A.No.6091/2022 is allowed and jail sentence of the appellant shall remain suspended.

I t is directed that subject to depositing the fine amount, if already not deposited, appellant shall be released on bail, on furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) alongwith solvent surety in the like amount to the satisfaction of Trial Court, for his appearance

before the Registry of this Court firstly on 06.03.2023, and on such other dates, as may be fixed by the Registry in this regard, till final disposal of this appeal. I.A.No.6091/2022 stands disposed of.

Certified copy, as per Rules.

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

Vibha
          Digitally signed by VIBHA PACHORI




VIBHA
          DN: c=IN, o=HIGH COURT OF MADHYA PRADESH
          BENCH INDORE, ou=HIGH COURT OF MADHYA

PRADESH BENCH INDORE, postalCode=452001, st=Madhya Pradesh, 2.5.4.20=63ade6a8efe1a32216bb40cba34e4ccadb ecca47ba9fb326339dcb3a0aa8324a,

PACHORI pseudonym=FBDB537CFA09A12C710F57965EBF5 46A4C1B4C85, serialNumber=ECF1C4B9939647F806353FB8EEFB 2CFCA8D6FDAF8339ACC3728BC3A5D1ECA843, cn=VIBHA PACHORI Date: 2023.01.16 10:21:50 +05'30'