Abhiram @ Chhotu vs The State Of Madhya Pradesh
2023 Latest Caselaw 4112 MP

                                                                          1
                                                  IN THE HIGH COURT OF MADHYA PRADESH
                                                               AT JABALPUR
                                                                  CRA No. 8320 of 2022
                                                 (ABHIRAM @ CHHOTU Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                                      Dated : 15-03-2023
                                            Shri P.S.Chouhan - Advocate for the appellant.

                                            Shri K.S.Patel - Panel Lawyer for the respondent/State.

Heard on admission.

Admit.

Also heard on I.A. No.18034/2022, which is first application for

suspension of sentence and grant of bail, filed by the appellant.

The appellant has been convicted by the trial Court under Sections 363, 366 and 376 of I.P.C. and sentenced to undergo R.I. for 4 years with fine of Rs.1,000/-, R.I. for 5 years with fine of Rs.1,000/- and R.I for 10 years with fine of Rs.2000/- respectively with default stipulations.

Learned counsel for the appellant submitted that appellant is innocent and has been falsely implicated in the crime in question. The trial Court without properly appreciating the oral and documentary evidence on record has passed the impugned judgment. It is also submitted that at the time of incident the

applicant is aged about 23 years. The DNA report is negative. The appellant is in custody since 12.09.2022 and there is a bleak possibility of disposal of this appeal in near future, therefore, the custodial sentence of the appellant may be suspended and he may be released on bail.

Learned Panel Lawyer has opposed the application. Looking to the facts that date of birth of the prosecutrix is disputed in Signature Not Verified SAN

this case; cross examination of the prosecutrix; DNA report is negative and in Digitally signed by ANUPRIYA SHARMA CHOUBEY Date: 2023.03.16 09:59:06 IST favour of the applicant and taking into account that disposal of appeal would

take considerable time, without commenting on the merit of the case, the application is allowed.

I t is directed that subject to depositing the fine amount, if not already deposited and on furnishing a personal bond in a sum of Rs.40,000/- (Rupees Forty Thousand only) with one surety in the like amount to the satisfaction of the trial Court concerned, the custodial sentence of appellant - Abhiram @ Chhotu shall remain suspended and he shall be released on bail for securing his presence before the trial Court concerned on 16.08.2023 and on such other dates as may be fixed in this regard during pendency of this appeal.

List for final hearing in due course.

(SMT. ANJULI PALO) JUDGE

anu

Signature Not Verified SAN

Digitally signed by ANUPRIYA SHARMA CHOUBEY Date: 2023.03.16 09:59:06 IST