Amit Jha vs The State Of Madhya Pradesh
2023 Latest Caselaw 8494 MP

                                                                 1
                                          IN THE HIGH COURT OF MADHYA PRADESH
                                                       AT GWALIOR
                                                         CRA No. 12329 of 2022
                                                   (AMIT JHA Vs THE STATE OF MADHYA PRADESH)

                            Dated : 13-06-2023
                                     Shri Ram Kishor Sharma, learned counsel for the appellant.

                                     Shri Sushant Tiwari, learned Public Prosecutor for the respondent/

State.

Heard on IA.No.5405/2023, first application u/Sec. 389(1) of Cr.P.C. for suspension of sentence and grant of bail filed on behalf of sole appellant - Amit Jha.

Vid e judgment dated 07.12.2022 passed in ST No.204/2018 by 1st Additional Sessions Judge, Karera, District Shivpuri where appellant has been convicted under Section 376 of IPC and sentenced to undergo 10 years' RI with fine of Rs. 1000/- with default stipulation.

In brief case of the prosecution is that on 02.07.2018 at about 11 AM all the family members of her family went to agriculture work, she finished her house work and went to throw cow dung at tapariya which was near the house, when she thrown cow dung at tapariya, accused Amit entered into tapariya,

caught and pulled her down and committed sexual intercourse with her. When she screamed, her brother-in-law came there and seeing him, appellant Amit ran away from there. Afterwards, she narrated the story to her husband, thereafter, on her complaint, aforesaid offence was registered. Prosecutrix was sent for medical examination.

It is submitted by learned counsel for the appellant that he has suffered total period of incarceration about 11 month 8 days. Appeal is of the year 2022, final hearing of the appeal will take time and he has a good case on merits. Signature Not Verified Signed by: VIJAY TRIPATHI Signing time: 6/14/2023 10:12:19 AM

Therefore, prayer for suspension of sentence has been made.

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.No.5405/2023 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 appellants' 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 her 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

Vijay

Signature Not Verified Signed by: VIJAY TRIPATHI Signing time: 6/14/2023 10:12:19 AM