Kamal Singh Marco vs The State Of Madhya Pradesh
2023 Latest Caselaw 19764 MP

Madhya Pradesh High Court

Kamal Singh Marco vs The State Of Madhya Pradesh on 24 November, 2023

Author: Hirdesh

Bench: Hirdesh

                                                               1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                       CRA No. 10140 of 2023
                                           (KAMAL SINGH MARCO Vs THE STATE OF MADHYA PRADESH)

                           Dated : 24-11-2023
                                 Shri Paritosh Trivedi - Advocate for the appellant.

                                 Shri Manoj Jha - Panel Lawyer for the respondent/ State.

Heard on the question of admission.

The appeal is admitted for final hearing.

Heard on I.A. No. 19138 of 2023, which is first application under

Section 389(1) of the Cr.P.C for suspension of sentence and grant of bail to appellant arising out of judgment dated 02.08.2023 passed by learned Third Additional Sessions Judge, Mandla in S.T. No. 67/ 2022.

T h e appellant has been convicted for the offences punishable under Section 376 of the IPC and sentenced to 10 years R.I. with fine of Rs.2,000/-. He has further been convicted under Section 506 B of the IPC and sentenced to 2 years' R.I. with fine of Rs.500/- along with default stipulations.

Counsel for the appellant submitted that appellant is innocent and has been falsely implicated in the aforesaid offence. The trial Court has failed to

appreciate the evidence of the prosecution in its proper perspective. There are material omissions and contradictions in the statement of the prosecution witnesses. The appellant was on bail during the course of trial and he has not misused the privilege of bail granted to him. Final hearing of this appeal would take sufficient long time. Under these grounds, learned counsel for the appellant prays for suspension of sentence and grant of bail to the appellant.

Learned counsel for the respondent/State has opposed the application for suspension of sentence and pray for its rejection.

I have heard counsel for the parties and perused the record. Considering the fact that prosecutrix is a major lady, there is delay in lodging the F.I.R., medical report of the prosecutrix is in negative, final hearing of the appeal would take sufficient long time and the appellant has not misused the privilege of bail granted to him earlier, I am of the opinion that the jail sentence of appellant deserves to be suspended.

Accordingly, I.A. No. 19138 of 2023 is allowed and it is directed that subject to deposit of fine amount, if not already deposited, and on furnishing personal bond in the sum of Rs.50,000/-(Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of trial Court, the

execution of remaining jail sentence of the appellant shall remain suspended till final disposal of this appeal.

The appellant- Kamal Singh Marco after being enlarged on bail shall mark his presence before the concerned trial Court on 21.12.2023 and thereafter on all subsequent dates as may be fixed in this behalf.

List the appeal for final hearing in due course.

Certified copy as per rules.

(HIRDESH) JUDGE

Vikram