Sachin Kirar (Saini) vs The State Of Madhya Pradesh
2023 Latest Caselaw 12111 MP

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                                         IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT JABALPUR
                                                       CRA No. 2864 of 2019
                                           (SACHIN KIRAR (SAINI) Vs THE STATE OF MADHYA PRADESH)

                         Dated : 31-07-2023
                                Shri Shanawaz Khan- Advocate for the appellant.

                                Shri Arvind Singh - Government Advocate for the respondent/State.

Parties are heard on I.A. No.8392/2022 an application under Section 389(1) of the Cr.P.C. for suspension of remaining jail sentence and grant of bail to appellant arising out of judgment dated 18.3.2019 delivered in S.T.

No.663/2016 by 23rd Additional Sessions Judge, Bhopal, District Bhopal.

T he appellant has been convicted under Section 376(d) of IPC and sentenced to undergo RI for 20 years with fine of Rs.2,000/- with default stipulations.

Learned counsel for the appellant after referring the evidence of prosecutrix and relying upon the judgment in the case of Umar Abdul Sakoor Sorathia Vs. Intelligence Officer, Narcotic Control Bureau, (2000) 1 SCC 138 and D. Gopalakrishnan Vs. Sadanand Naik and others, (2005) 1 SCC 85 submits that prosecutrix has identified appellant on the basis of

photograph which is not as per law. In this connection, learned counsel for the appellant has also referred para-20 of prosecutrix's testimony. He has also contented that no missing report was lodged immediately and FIR has also not been lodged promptly. In the instant case, from evidence on record, place of incident has not been established clearly. There is no reliable evidence to connect the appellant with the alleged offence. Appellant is in custody for nearly four years and nine months. The final hearing of this appeal is not possible in near future, thus. Thus, remaining jail sentence of appellant may be suspended Signature Not Verified Signed by: S HUSHMAT HUSSAIN Signing time: 8/1/2023 2:22:08 PM

and he be released on bail.

The prayer is opposed by learned Government Advocate. Taking into consideration the over all evidence on record against applicant and nature thereof, including testimony of prosecutrix etc. with respect to identity of appellant and custody period coupled with the fact that hearing of this appeal is not possible in near future, we deem it proper to suspend the remaining jail sentence of the appellant. Accordingly, I.A No. 8392/2022 is allowed.

Subject to depositing the fine amount, if not already deposited, the remaining jail sentence of the appellant- Sachin Kirar (Saini) is hereby

suspended and it is directed that the appellant be released on bail on his furnishing a personal bond for a sum of Rs.30,000/- (Rupees thirty thousand only) with one solvent surety of the like amount to the satisfaction of the trial court with a further direction to appear before the concerning trial court Bhopal on 09.10.2023 and also on such other dates, as may be fixed by the trial court in this regard during the pendency of this appeal.

C. c. as per rules.

                              (SUJOY PAUL)                                  (ACHAL KUMAR PALIWAL)
                                 JUDGE                                               JUDGE

                         sh




Signature Not Verified
Signed by: S HUSHMAT
HUSSAIN
Signing time: 8/1/2023
2:22:08 PM