Raj @ Kaluram vs The State Of Madhya Pradesh
2023 Latest Caselaw 7037 MP

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 3374 of 2022 (RAJ @ KALURAM Vs THE STATE OF MADHYA PRADESH AND OTHERS)

Dated : 01-05-2023 Shri R.B. Sahu - Advocate for the appellant.

Mr. Prasanjeet Chaterjee - Panel Lawyer for the State. Mr. Aseem Dixit - Advocate for the objector.

Heard on I.A. No. 23259 of 2022, which is second application for suspension of sentence and grant of bail filed on behalf of appellant - Raj

@ Kaluram. He has been convicted by the impugned judgment passed by the trial Court under Sections 366 of the IPC and Section 6 of the Protection of Children from Sexual Offences Act and sentenced to undergo R.I. for 5 years (fine Rs.2,000/-) and R.I. for 10 years (fine Rs.5000/-), respectively with default stipulations. His first application I.A. No.18133 of 2022 was dismissed as withdrawn vide order dated 27.10.2022.

Learned counsel for the appellant has submitted that the trial Court has not properly appreciated the oral as well as documentary evidence

available on record. The trial Court has not considered that the date of birth of prosecutrix is disputed in the case and she was a consenting party. The trial Court has also not considered the application for compromise of offences in question filed under Section 320 of the Cr.P.C. The appellant is in custody and disposal of this appeal would take considerable time,

Signature Not Verified SAN therefore, his jail sentence may be suspended and he may be released on

Digitally signed by KOUSHALENDRA SHARAN SHUKLA bail.

Date: 2023.05.02 15:46:33 IST

Learned Panel Lawyer has opposed the prayer for grant of bail. Learned counsel appearing for the objector has submitted that he has no objection if the sentence imposed on the appellant is suspended.

I have heard learned counsel for the parties and perused the record. The FSL report is negative in the case. At the time of the incident, the prosecutrix was aged about 17 years and her date of birth is disputed. Counsel appearing for the objector stated that the prosecutrix has no objection if the sentence imposed on the appellant is suspended.

In view of the above and looking to the custody period and the

compromise arrived at between the parties, I find i t to be a fit case to suspend jail sentence of the appellant - Raj @ Kaluram and to release him on bail. Therefore, without commencing on the merits of the case, this application is allowed.

It is directed that subject to depositing the fine amount, if not already deposited and on furnishing a personal bond in the sum of Rs.40,000/- (Rupees Forty Thousand Only) with one solvent surety in the like amount to the satisfaction of the trial Court concerned, remaining jail sentence imposed upon appellant Raj @ Kaluram shall remain suspended during the pendency of this case and he shall be released on bail. He shall appear before the trial Court concerned on 25.09.2023 and on all such subsequent dates, as may be fixed in this regard during the pendency of this appeal, without fail.

Signature Not Verified SAN List for final hearing in due course. Digitally signed by KOUSHALENDRA SHARAN SHUKLA Date: 2023.05.02 15:46:33 IST

(SMT. ANJULI PALO) JUDGE ks

Signature Not Verified SAN

Digitally signed by KOUSHALENDRA SHARAN SHUKLA Date: 2023.05.02 15:46:33 IST