Dinesh vs Directorate Of Indian Systems Of ...
2023 Latest Caselaw 4497 MP

                                                   1
                           IN THE HIGH COURT OF MADHYA PRADESH
                                         AT INDORE
                                            CRA No. 5681 of 2022
                                    (SHANTILAL Vs THE STATE OF MADHYA PRADESH)

                                                CRA/05579/2022
                                     (DINESH Vs THE STATE OF MADHYA PRADESH)

              Dated : 21-03-2023
                      Shri Dharmendra Khanchandani - Advocate for the appellant
             Shantilal in CRA No.5681/2022.
                      Shri Abhay Saraswat - Advocate for the appellant Dinesh in CRA
             No.5579/2022.
                      Shri Hemant Sharma - GA for respondent/State.

Record of the court below has been received. Heard on admission.

Both the appeals are admitted for final hearing. Also heard on IA No.10551 of 2022 and IA No.9125 of 2022, which are the applications under Section 389(1) of Cr.P.C. on behalf of the appellants-Shantilal and Dinesh for grant of bail and suspension of remaining jail sentence.

Appellant-Shantilal has been convicted for the offence under Section 376(2)(n)/109, 376(2)(i)/109 of IPC and Section 6/17 of POCSO Act and

sentenced to 10 years R.I. with fine of Rs.2,000/-, with usual default stipulation.

Appellant-Dinesh has been convicted for the offence under Section 363, 366, 376(2)(i)/109 of IPC and Section 17 of POCSO Act and sentenced to 7 years R.I. with fine of Rs.1,000/- and 10 years R.I. with fine of Rs.2,000/-, with usual default stipulation.

Signature Not VerifiedLearned counsel for both the appellants submit that the both the Signed by: TRILOK SINGH SAVNER appellants are innocent and they have been falsely implicated in this matter. Signing time: 21-Mar-23 6:49:43 PM

They are not the main accused who have committed rape upon the prosecutrix. Main accused is Vasudev. Allegation levelled against the appellant Shantilal is that he has provoked the co-accused for commission of rape upon the prosecutrix and allegation levelled against the appellant-Dinesh is that he helped the main accused for abduction and rape of the prosecutrix. Both the appellants were remained on bail during trial and they did not misuse the liberty given to them. There is a strong case in favour of the appellants. Final conclusion of appeal will take a long sufficient time. Both the appellants were in custody since 2.8.2016 to 12.8.2016 and thereafter they are in custody since 17.6.2022 i.e. from the date of the judgment. Hence counsel for both the

appellants prays for grant of bail and suspension of remaining jail sentence of the appellants.

Per contra, learned GA for the respondent/State opposes the application for suspension of sentence and prays for its rejection.

After considering the facts and circumstances of the case, submissions made by learned counsel for both the parties, nature and gravity of the allegation against the appellants and also taking note of the fact that both these appellants are not the main accused who have committed rape upon the prosecutrix, they were remained on bail during the trial and they did not misuse the liberty given to them and that final conclusion of these appeals will take a long sufficient time, I deem it proper to suspend the remaining jail sentence of the appellants.

Accordingly, IA No.10551 of 2022 and IA No.9125 of 2022 are allowed and the execution of remaining jail sentence of the appellants-Shantilal and Dinesh is hereby suspended till the final disposal of the appeal and it is Signature Not Verified ordered that both the appellants be released on bail on their depositing the fine Signed by: TRILOK SINGH SAVNER Signing time: 21-Mar-23 6:49:43 PM amount, if not already deposited, and upon furnishing a personal bond for a

sum of Rs.75,000/- each with one solvent surety each of the like amount to the satisfaction of the trial Court, with a further direction to appear before the Registry of this Court on 20.9.2023 and on such other dates, as may be fixed by the Registry of this Court in this regard during the pendency of this appeal.

Registry is directed to list the matter for final hearing in due course. C.C. as per rules.

(ANIL VERMA) JUDGE

trilok

Signature Not Verified Signed by: TRILOK SINGH SAVNER Signing time: 21-Mar-23 6:49:43 PM