Arvind vs The State Of Madhya Pradesh
2023 Latest Caselaw 4495 MP

                                                   1
                          IN THE HIGH COURT OF MADHYA PRADESH
                                            AT INDORE

                                      CRA No. 2752 of 2022
                                 (ARVIND Vs THE STATE OF MADHYA PRADESH)



            Dated : 21-03-2023
                    Shri Akhilesh Kumar Saxena, learned counsel for the appellant. .
                    Shri Hemant Sharma GA appearing on behalf of Advocate General.
            ____________________________________________________________
                    Heard on I.A. no. 11843/2022 which is an application filed under
            section 389 (1) of Cr.P.C on behalf of appellant for grant of bail and
            suspension of remaining jail sentence.
                    The appellant has been convicted under section 366 and 376(2)(i)
            of IPC and sentenced to undergo seven years R.I with fine of Rs. 2000/-
            and ten years R.I with fine of Rs. 5000/- respectively with default
            stipulation.

                    Learned counsel for the appellant contended that the appellant is
            innocent and has been falsely implicated in this offence. The appellant is
            in jail since 19/07/2017 and has already suffered jail incarceration for
            more than 5 ½ years. Dr. Nidhi Gupta did not give any definite opinion
            regarding commission of rape; The FTR is one month belated. There is
            material contradictions and omissions in the statement of the
            prosecution witnesses There is strong case in favour of the appellant.
            Final hearing of the appeal will take considerable long time. Under these
            circumstances, he prays that the application be allowed and the
            remaining jail sentence of the appellant be suspended till final disposal
            of the appeal.

                    In support of his contention, learned counsel has placed reliance
           upon
Signature Not       the
              Verified    judgment delivered in Special Leave to Appeal (Cri) no.
Signed by: AMOL
NIVRUTTIRAO MAHANAG
Signing time: 3/21/2023
6:50:37 PM
                                                  2

            5191/2021 decided on 07/10/2021 ( Satendra Kumar Antil Vs. CBI
            and other )

                    Learned GA for the respondent/State opposed the prayer for grant

of bail and suspension of remaining jail sentence of the appellant by submitting that the appellant has been properly convicted and sentenced by the trial Court.

Considering all the facts and circumstances of the case, arguments advanced by both the parties as also taking note of the fact that the appellant has already suffered jail incarceration for more than 5 ½ years; he is young boy of 22 years and having no criminal antecedent and final hearing of appeal is likely to take time, I deem it proper to suspend the remaining jail sentence of appellant

Accordingly, IA No.11843/2022 is allowed and the execution of remaining jail sentence of the appellant is hereby suspended till the final disposal of this appeal and it is ordered that the appellant be released on bail upon his depositing the fine amount, if not already deposited, and upon furnishing a personal bond in the sum of Rs.75,000/- with one solvent surety of the like amount to the satisfaction of the trial Court, with a further direction to appear before the Registry of this Court on 11/09/2023 and on such other dates, as may be fixed by the Registry of this Court in this regard during the pendency of this appeal.

C.C. as per rules.

(ANIL VERMA) JUDGE amol

Signature Not Verified Signed by: AMOL NIVRUTTIRAO MAHANAG Signing time: 3/21/2023 6:50:37 PM