Jagdish Banwasi vs The State Of Madhya Pradesh
2023 Latest Caselaw 7561 MP

                                                              1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                     CRA No. 10841 of 2022
                                            (JAGDISH BANWASI Vs THE STATE OF MADHYA PRADESH)

                          Dated : 09-05-2023
                                 Mr. S.K. Patel - Advocate for appellant.

                                 Mr. Akhilendra Singh - Government Advocate for the respondent/State.

Learned Government Advocate for the State informed that victim has already been served.

Heard on I.A No.4094 of 2023, an application under Section 389(1) of

the Cr.P.C for suspension of sentence and grant of bail to appellant Jagdish B a nwa s i aris ing out of judgment dated 07.11.2022 delivered in S.T. No.79/2019 by the Special Judge (Protection of Children from Sexual Offences Act, 2012) Dindori, District-Dindori (M.P.).

This appellant has been convicted under Section 376(3) of the Indian Penal Code and sentenced to undergo R.I. for life with fine of Rs.1,000/- with default stipulation.

It is submitted that the Court below has committed an error in determination of age of the victim. In fact, the victim and the appellant have

solemnized marriage on their own volition after attaining the majority and out of said wedlock, a child was born whose statutory birth certificate is placed on record with I.A. No.5580/2023. The name of the appellant is shown as father in the said document. The victim is residing in her matrimonial house. Final hearing of this appeal will take time. The continuance of appellant in custody will cause more harm than good. Thus, remaining jail sentence of this appellant may be suspended.

Learned Government Advocate opposed the prayer. Signature Not Verified Signed by: JULIE SINGH Signing time: 5/10/2023 12:24:31 PM

Considering the aforesaid factual backdrop and without expressing any conclusive opinion on the merits of the case, we deem it proper to suspend the remaining jail sentence of appellant Jagdish Banwasi. Accordingly, I.A No. 4094 of 2023 is allowed.

Subject to depositing the fine amount (if not already deposited), the remaining jail sentence of appellant Jagdish Banwasi is hereby suspended and it is directed that this appellant be released on bail on his furnishing a personal bond for a sum of Rs.30,000/- (Rupees Thirty Thousand only) with one solvent surety of the like amount to the satisfaction of the trial Court with a further direction to appear before the trial Court, District-Dindori on

12th July, 2023 and also on such other dates as may be fixed by the trial Court in this regard during the pendency of this appeal.

Certified copy as per rules.

                              (SUJOY PAUL)                               (AVANINDRA KUMAR SINGH)
                                 JUDGE                                            JUDGE

                          julie




Signature Not Verified
Signed by: JULIE SINGH
Signing time: 5/10/2023
12:24:31 PM