Hoshiyar Lodhi vs The State Of Madhya Pradesh
2023 Latest Caselaw 8976 MP

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                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT GWALIOR
                                                        CRA No. 8613 of 2022
                                              (HOSHIYAR LODHI Vs THE STATE OF MADHYA PRADESH)

                            Dated : 16-06-2023
                                  Shri Rajiv Budholiay, learned counsel for the appellant.

                                  Shri Nitin Goayl, learned Panel Lawyer for the respondent/State.

Heard on IA.No.20242/2022, first application u/Sec. 389(1) of Cr.P.C. for suspension of sentence and grant of bail filed on behalf of appellant- Hoshiyar Lodhi.

Vide judgment dated 30.08.2022 passed in S.T.No.05/2018 by Second Additional Sessions Judge, Datia appellant has been convicted under Section 376(2)(D) of IPC and sentenced to undergo 10 years RI with fine of Rs.10,000/-, with default stipulation.

Prosecution case in a nutshell is that, on 28.11.2017 father of the prosecutrix gave an information that his daughter aged about 16 years is missing. Thereafter, prosecutrix was rescued and her statements were recorded in which it came on record that appellant accused persuaded her to go with him. Appellant took her to Agra, Allahabad and thereafter, came back to Datia

by train. Appellant accused also made physical relationship with her. On the said basis offence was registered. Prosecutrix was sent for medical examination.

It is submitted by learned counsel for the appellant that during trial he was on bail, but he did not misuse the liberty so granted. It is further submitted that prosecutrix has not supported the prosecution case and only on the basis of DNA, appellant has been convicted. He has suffered jail incarceration of about 2 years. Final hearing of the appeal will take time and he has a good case on Signature Not Verified Signed by: VIJAY TRIPATHI Signing time: 6/16/2023 4:32:44 PM

merits. 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.20242/2022 is allowed and it is directed that jail sentence of appellant Hoshiyar Lodhi 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 his 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: 6/16/2023 4:32:44 PM