Yuvraj @ Anil vs The State Of Madhya Pradesh
2023 Latest Caselaw 7683 MP

                                                                1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT INDORE
                                                       CRA No. 6186 of 2023
                                         (YUVRAJ @ ANIL AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                           Dated : 10-05-2023
                                   Shri Umesh Sharma, learned counsel for the appellant.

                                   Shri K. K. Tiwari, learned G.A. for respondent/State.

Heard on I.A. No. 6496/2023, which is first application for suspension of sentence and grant of bail filed under section 389(1) of the Cr.P.C filed on behalf of the Appellant No.2 - Tejubai w/o Badrilal Malviya.

The Trial Court has convicted the appellant under Section 368 of IPC and sentenced to undergo R.I. for 3 years with fine of Rs. 1,000/-, with default stipulation, vide judgment of conviction and order of sentence dated 13.08.2022 passed by Special Judge, POCSO Act, 2012/ Sixth Additional Sessions Judge, Ujjain (M.P.) in S.C. No. 16/2021.

As per prosecution case, on 10.02.2021 at around 2:30 PM the co- appellant Yuvraj @ Anil kidnapped the prosecutrix who was aged about 15 years, co-appellant also committed rape with her and present appellant had given shelter to the co-appellant in her house.

Learned counsel for the appellant submits that the trial Court has suspended the sentence of the appellant for the period of appeal. Final hearing of this appeal is not possible in near future. Therefore, it is prayed that remaining jail sentence may be suspended and the appellant may be released on bail.

Learned Govt. Advocate for the respondent/State has objected the prayer and prayed for rejection of application for suspension of sentence of the appellant.

Signature Not Verified Signed by: VATAN SHRIVASTAVA Signing time: 11-05-2023 11:46:42

We have heard learned counsel for both the parties and perused the record.

Considering the short term of the sentence of the appellant also considering the evidence available on record against the appellant, coupled with the fact that final hearing of this appeal is not possible in near future. Therefore, without commenting on merits, we are inclined to suspend the remaining jail sentence of appellant.

Accordingly, I.A. No. 6496/2023, is allowed. I t is directed that subject to depositing the fine amount, if already not deposited, Appellant No. 2 Tejubai shall be released on bail, on furnishing

personal bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) with one solvent surety in the like amount to the satisfaction of trial Court, for her appearance before the Registry of this Court firstly on 22.08.2023, and on such other dates, as may be fixed by the Registry in this regard, till final disposal of this appeal.

C.C. as per rules.

                              (S. A. DHARMADHIKARI)                         (PRAKASH CHANDRA GUPTA)
                                       JUDGE                                         JUDGE

                           Vatan




Signature Not Verified
Signed by: VATAN
SHRIVASTAVA
Signing time: 11-05-2023
11:46:42