Rahul Vishwakarma vs The State Of Madhya Pradesh
2023 Latest Caselaw 19385 MP

Madhya Pradesh High Court

Rahul Vishwakarma vs The State Of Madhya Pradesh on 21 November, 2023

Author: Hirdesh

Bench: Hirdesh

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 9334 of 2023 (RAHUL VISHWAKARMA Vs THE STATE OF MADHYA PRADESH)

Dated : 21-11-2023 Shri Paritosh Trivedi - Advocate for the appellant.

Shri Manoj Jha - Panel Lawyer for the State.

Record has been received.

Heard on admission. The appeals seems to be arguable. It is admitted for hearing.

Considered I.A.No.17470/2023, which is first application under section 389(1) of Cr.P.C. for suspension of sentence and grant of bail on behalf of appellant-Rahul.

Vide impugned judgment dated 14.3.2023 passed by the Third Additional Sessions Judge, Link Court, Nainpur, District Mandla in S.T.01/2021 the appellant has been convicted for offences under sections 376(2)(n) and 450 of the Indian Penal Code and sentenced to undergo 10 years & 05 years R.I. and fine of Rs.2000/- & Rs.1000/- respectively.

Learned counsel for the appellant submitted that appellant is innocent and

has been falsely implicated in the alleged offences. The prosecutrix is a major girly aged about 20 years. She went alongwith the appellant/applicant at so many places and had not raised any hue or cry. There was delay in FIR and no proper explanation has been given for such delay. There are contradictions and omission in the evidence of the prosecutrix. The final disposal of this appeal would take considerable time. The appellant has remain in custody for substantial period. Hence, prayer has been made for suspension of sentence and grant of bail to the appellant.

Learned counsel for the State has vehemently opposed the application for suspension of sentence.

After hearing learned counsel for the parties and perusal of the record of the trial Court and considering the evidence of the prosecutrix and her age, final disposal of this appeal would take considerable time and without commenting on merits of the case, this Court finds that this is fit case for suspension of sentence and grant of bail to appellant-Rahul Vishwakarma.

I t is directed that subject to depositing the fine amount, if not already deposited and on furnishing a personal bond in a sum of Rs.50,000/- (Rupees Fifty Thousand only) with one surety in the like amount to the satisfaction of

the trial Court concerned, the custodial sentence of appellant-Rahul Vishwakarma shall remain suspended and he shall be released on bail for securing his presence before the trial Court on 22.12.2023 and on such other dates as may be fixed in this regard during pendency of this appeal.

The appellant shall regularly appear before the trial Court, on each and every date, without fail.

I.A.No.17470/2023 is disposed of.

List this matter for final hearing in due course. C.C. as per rules

(HIRDESH) JUDGE

RM