Rajkumar @ Lalla vs The State Of Madhya Pradesh
2023 Latest Caselaw 9700 MP

IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR CRA No. 6775 of 2023 (RAJKUMAR @ LALLA Vs THE STATE OF MADHYA PRADESH)

Dated : 27-06-2023 Shri Vibhor Sahu, learned counsel for appellant.

Shri Pramod Pachori, learned Public Prosecutor for State. Heard on I.A.No.9016/2023, first application u/Sec. 389(1) of Cr.P.C. for suspension of sentence and grant of bail filed on behalf of appellant No.1- Rajkumar @ Lalla.

This criminal appeal has been filed against the judgment dated 26.04.2023

passed in S.T. No.209/2019 by Fourth Additional Sessiosn Judge Guna District Guna (M.P.) whereby the appellant has been convicted under Section 376 of IPC and sentenced to undergo ten years R.I. with fine of Rs.5000/- with default stipulation.

In brief case of the prosecution is that on 02.03.2019 prosecutrix a married lady aged about 26 years alongwith her husband lodged a report at Police Station Aron District Guna against present appellant that on 01.03.2019 in the afternoon at 3 pm her husband had gone to shop. She was alone in the house. Door was opened. At that time, present appellant who is brother of her

Bhabhi came, caughthold of her hand with the bad intention and started molesting her. She cried but nobody listened her cries. He took out her clothes and committed sexual intercourse with her. Thereafter he fled away from the spot. In the night when her husband came back, she narrated the story to him. On her report, offence was registered. She was sent for medical examination. Nothing adverse was found. After conclusion of trial, learned trial Court convicted the appellant for the above-mentioned offence. Signature Not Verified Signed by: YOGENDRA OJHA Signing time: 6/28/2023 11:20:05 AM

It is submitted by counsel for the appellant that the appellant was on bail during trial and he did not misuse the liberty granted to him. Fine amount has already been deposited by the appellant. The appellant has suffered custody period of more than four months. Appeal is of the year 2023 which may take long time for it's conclusion. Under these circumstances, the execution of sentence be suspended and the appellant be released on bail.

On the contrary, learned counsel for the State opposed the application and prayed for its rejection.

Keeping in view of the aforesaid submissions of learned counsel for the parties and the fact that an early hearing of this case is not possible, I.A.

No.9016/2023 is allowed.

It is therefore, directed that if appellant deposits the entire fine amount, if not already deposited, and furnishes a personal bond in the sum 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, sentence of imprisonment awarded to him shall remain suspended till further orders and he shall be released on bail.

Application (I.A. No.9016/2023) is allowed and disposed of. A copy of this order be sent to the trial Court concerned for necessary compliance.

C.c. as per rules.

(DEEPAK KUMAR AGARWAL) Signature Not Verified Signed by: YOGENDRA OJHA Signing time: 6/28/2023 11:20:05 AM

JUDGE ojha

Signature Not Verified Signed by: YOGENDRA OJHA Signing time: 6/28/2023 11:20:05 AM