Madhya Pradesh High Court
Harisingh vs The State Of Madhya Pradesh on 10 July, 2023
Author: Deepak Kumar Agarwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA-3332-2023
(HARI SINGH Vs . STATE OF MADHYA PRADESH)
DATED:- 10-07-2023
Shri S.S. Rajput- Advocate for the appellant.
Shri Pramod Pachauri- Public Prosecutor for the
respondent/State.
IA No.4436/2023, an application under Section 5 of
Limitation Act, is taken up, considered and allowed for the reasons
mentioned therein.
Heard on I.A. No.4435/2023, 1st application under Section
389 (1) of Cr.P.C. for suspension of sentence and grant of bail moved
on behalf of the sole appellant- Hari Singh.
This criminal appeal has been preferred against the judgment
dated 30/07/2022 passed by Additional Session Judge, Raghogarh,
District- Guna (M.P.) in S.T. No.78/2021, whereby the appellant has
been convicted and sentenced as under:-
Section Sentence Fine (Rs.) Default Stipulation
376 of IPC 7 Years RI 4000/- 2 Months SI
Allegation against the appellant, in short, is that on
12/07/2007, prosecurix lodged the report to the effect that on
10/07/2007 at about 10:00 AM, when the prosecutrix alongwith her
mother was going to the market, appellant met them and caught hold
of hand of the prosecutrix with bad intention. When the mother of
the prosecutrix objected the same, appellant tried to assault the
mother of the prosecutrix, due to which, she ran away from the spot.
Thereafter, appellant slapped her and took her by holding her neck
behind the bushes and committed rape with her forcefully. On the
basis of aforesaid, crime has been registered against the appellant.
Prosecutrix was sent for medical examination and no injury was
found on the body of the prosecutrix.
Learned counsel for the appellant submits that appellant has
been falsely implicated in this case. Appellant has been wrongly
convicted by the learned trial Court. The appellant was on bail
during trial and he has not misused the liberty granted to him. It is
further submitted that prosecutrix (PW-1) and her mother (PW-2)
and Veeram Singh (PW-3) have been examined who have not
supported the prosecution case and turned hostile. Appellant is the
permanent resident of District- Guna (M.P.) and there are fair
chances of success of this appeal. The appeal may take long time for
its conclusion and the appellant cannot be kept in custody for an
unlimited period. Under these circumstances, the execution of
sentence be suspended and the appellant be released on bail.
On the other hand, learned Public Prosecutor appearing on
behalf of the respondent/State opposed the bail application and
prayed for rejection of this application.
Keeping in view of the aforesaid submissions of learned
counsel for the parties and the fact that an early hearing of this case
is not possible, I.A. No.4435/2023 is allowed.
It is, therefore, directed that if appellant deposits the entire
fine amount, if not already deposited, and furnishes a personal bond
in the sum of Rs.25,000/-(Rupees Twenty Five Thousand Only)
with one solvent surety of the like amount to the satisfaction of trial
Court for his appearance before the Registry of this Court on 16th of
October, 2023 and on such subsequent dates as may be fixed in this
regard, sentence of imprisonment awarded to him, shall remain
suspended till further orders and appellant shall be released on bail.
IA No.4435/2023 is allowed and disposed of.
A copy of this order be sent to the trial Court concerned for
necessary compliance.
Certified copy as per rules.
(DEEPAK KUMAR AGARWAL)
JUDGE
Digitally signed by RAHUL SINGH PARIHAR
RAHUL SINGH
DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH
GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH
PARIHAR rahul
GWALIOR, postalCode=474001, st=Madhya Pradesh,
2.5.4.20=eac942476567cd1b39b3da46068403462fdf82ab676d0cd
e4dee473fe77953f5,
pseudonym=68E0B84BAE73376CD071289B3D9FE728CE00D487,
serialNumber=0275C4F803F94C47998BE5C534E21BDED910FD4A
B9D159B55575E814D05B2EED, cn=RAHUL SINGH PARIHAR
Date: 2023.07.12 10:10:00 +05'30'
