Mohan Kori vs The State Of Madhya Pradesh
2023 Latest Caselaw 7127 MP

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 10790 of 2022 (MOHAN KORI Vs THE STATE OF MADHYA PRADESH)

Dated : 02-05-2023 Shri B.J. Chourasiya - Advocate for the appellant.

Ms. Seema Pandey - Panel Lawyer for the State.

Heard on admission.

Admit.

Heard on I.A. No.22068/2023, which is first application for suspension

of sentence and grant of bail filed on behalf of the appellant.

The appellant has been convicted by the trial Court under Section 363, 366 of IPC and sentenced to undergo R.I. for 5 years with fine of Rs.3,000/- with default stipulation.

Learned counsel for the appellant has submitted that the trial Court has not properly appreciated the oral and documentary evidence available on record and committed error in convicting the appellant for the aforesaid offence. The prosecutrix and co-accused Siyaram have solemnized marriage and they resided together for long time at Delhi as husband and wife. During trial, the appellant

remained in custody for 2 months and 16 days and thereafter from the date of judgment and there is bleak possibility of disposal of this appeal in near future, hence jail 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 and circumstances of the case, the fact that age of Signature Not Verified SAN

the prosecutrix is disputed in this case and also that co-accused and prosecutrix Digitally signed by PRADYUMNA BARVE Date: 2023.05.03 19:00:28 IST

have performed marriage, I find it to be a fit case to suspend the jail sentence of

appellant and to release him on bail, therefore, without commenting on the merit of the case, this 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 the sum of Rs.40,000/- (Rupees Forty Thousand Only) with one surety in the like amount to the satisfaction of the trial Court concerned, remaining jail sentence imposed upon appellant Mohan Kori shall remain suspended during the pendency of this case and he shall be released on bail.

The appellant shall appear before the trial Court concerned on 3.10.2023 and on all such subsequent dates, as may be fixed in this regard during the

pendency of this case, without fail.

List for final hearing in due course.

Certified copy as per rules.

(SMT. ANJULI PALO) JUDGE

PB

Signature Not Verified SAN

Digitally signed by PRADYUMNA BARVE Date: 2023.05.03 19:00:28 IST