Deepesh vs The State Of Madhya Pradesh
2023 Latest Caselaw 10476 MP

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                                IN THE HIGH COURT OF MADHYA PRADESH
                                             AT GWALIOR
                                               CRA No. 10573 of 2019
                                         (DEEPESH Vs THE STATE OF MADHYA PRADESH)

               Dated : 10-07-2023
                           Shri Dheeraj Budholiya, learned counsel for the appellant.

                           Ms. Kalpana Parmar, learned Panel Lawyer for the respondent-

State.

Heard on IA.No.11326 of 2023, 2nd application u/Sec. 389(1) of Cr.P.C. for suspension of sentence and grant of bail filed on behalf of

appellant- Deepesh. First application has been dismissed as withdrawn.

Vide judgment dated 23.10.2019 passed by the 2nd ASJ/Special Judge, Vidisha in SC No.30081/2013 appellant has been convicted under Sections 366- A, 376(2)(i) of IPC and sentenced to undergo 7 years RI with fine of Rs.2,000/- and 10 years RI with fine of Rs.4,000/- respectively.

Prosecution case in brief is that on 25.9.2013 father of the prosecutrix lodged a missing person report regarding her daughter, the prosecutrix, on which missing person No.60/2013 was recorded. Prosecutrix was recovered on 26.9.2013. As per her dying declaration, she was coming after examination. On

the way, appellant met. He took her to Sanchi in a Van in which other boys were also there. After returning to home, she along with appellant consumed Sulphas. Allegation against the appellant is of committing rape with the prosecutrix below 16 years of age.

Learned counsel for the appellant submits that during trial appellant was on bail, but he did not misuse the liberty so granted. During trial, he remained in Signature Not Verified custody from 4.10.2013 to 25.8.2014 and 23.4.2019 to 23.10.2019 and Signed by: MADHU SOODAN PRASAD Signing time: 11-07-2023 10:25:16 AM thereafter from the date of judgment i.e. 23.10.2019 he is in custody. The

appellant has a good case on merits and hearing of the appeal will take time. Hence, prayed for suspension of jail sentence and grant of bail.

Learned counsel for the State opposed the application and prayed for its rejection.

Considering the facts and circumstances of the case, but without commenting upon merits of the case, IA is allowed and it is directed that jail sentence of appellant will remain under suspension subject to verification that amount of fine has been deposited, on appellant's furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand Only) with one solvent surety of the like amount to the satisfaction of concerned Trial Court for appearance

before the Principal Registrar of this Court on 18th December, 2023 and on such further dates as may be fixed by the office in this regard till disposal of the appeal.

Certified copy as per rules.

(DEEPAK KUMAR AGARWAL) JUDGE

ms/-

Signature Not Verified Signed by: MADHU SOODAN PRASAD Signing time: 11-07-2023 10:25:16 AM