Monu @ Bhajan Sahu vs The State Of Madhya Pradesh
2023 Latest Caselaw 9316 MP

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT GWALIOR
                                                       CRA No. 7374 of 2021
                                           (MONU @ BHAJAN SAHU Vs THE STATE OF MADHYA PRADESH)

                          Dated : 21-06-2023
                                Mr. Sushil Goswami, Advocate for the appellant.

                                Mr. Rajeev Upadhyay, Public Prosecutor for the respondent - State.

Heard on I.A. No. 10357 of 2023, which is third application under Section 389(1) Cr.P.C. for suspension of sentence and grant of bail moved by the appellant.

This Criminal Appeal assails the judgment dated 23.11.2021 passed by

Second Additional Judge to the Court of First Additional District and Sessions Judge, Ashoknagar, District Ashoknagar in Sessions Case No.17/2018, whereby appellant has been convicted and sentenced under Section 363 of IPC to undergo rigorous imprisonment of 2 years with fine of Rs.1,000/-, under Section 366 (A) of IPC to undergo rigorous imprisonment of 3 years with fine of Rs.1,000/- and under Section 376 (2) (jha) of the IPC to undergo rigorous imprisonment of 10 years with fine of Rs.3,000/-, with default stipulations.

Learned counsel for the appellant submits that the trial Court has wrongly convicted the appellant without proper appreciation of facts of the case as well

as evidence available on record. Prosecutrix along with all other witnesses have not supported the case of the prosecution and turned hostile. The evidence of PW-10, who is the maternal grand father of the prosecutrix, comes within the purview of hearsay evidence. It is further argued that the appellant has suffered around three years and two months of incarceration out of total jail sentence of ten years. Present criminal appeal is likely to take long time to conclude. Hence, prayed to suspend the jail sentence and grant of bail to appellant Yashpal. Signature Not Verified Signed by: ALOK KUMAR Signing time: 22-Jun-23 12:08:30 PM

Counsel for the State vehemently opposed the application and prayed for its rejection.

Heard learned counsel for the parties and perused the materials available on record.

Considering the arguments advanced by learned counsel for the parties, without commenting on merits of the case, I.A. No. 10357 of 2023 is hereby allowed. Subject to depositing of fine amount, if not already deposited, and on furnishing personal bond of Rs.1,00,000/- (Rupees One Lakh only) with a solvent surety of the like amount to the satisfaction of the concerned trial Court, the remaining jail sentence of the appellant shall remain suspended and he be

released on bail. The appellant is further directed to mark his appearance before the Office of this Court on 27.10.2023 and on subsequent dates given by the Office in this regard, till final disposal of this appeal.

List the case for final hearing in due course. A copy of this order be sent to the concerned Court below for compliance.

Certified copy/ e-copy as per rules/directions.

(SUNITA YADAV) JUDGE

AKS

Signature Not Verified Signed by: ALOK KUMAR Signing time: 22-Jun-23 12:08:30 PM