Shantilal vs The State Of Madhya Pradesh
2023 Latest Caselaw 18045 MP

                                       IN THE HIGH COURT OF MADHYA PRADESH

                                                                     AT INDORE

                                                             Cri. A. No.972 of 2014
                                                (SHANTILAL Vs THE STATE OF MADHYA PRADESH)


                           Indore, dated 30/10/2023
                                    Shri Nitendra Vajpayee - Advocate for the appellant No.1.
                                    Shri Tarun Pagare - Public Prosecutor for State.
                           ........................................................................................................

Heard on I.A. No.11059 of 2023, which is first application under Section 389(1) of Cr.P.C. on behalf of sole appellant Shantilal for suspension of jail sentence and grant of bail.

2. The appellant has been convicted and sentence as under:

                               Offence U/s                 Sentence               Fine Amount            In default of fine
                                                           Awarded                                             (RI)
                                363 of IPC                 5 years RI               Rs.1,000/-              06 months RI
                                366 of IPC                7 Years RI                Rs.1,000/-              06 months RI
                                346 of IPC                1 year's RI                     -                         -
                                376 of IPC                20 years RI               Rs.1,000/-                1 year's RI

3. Learned counsel for the appellant submits that appellant has already undergone actual jail sentence of more than 10 years i.e. 50% of the total jail sentence awarded to him. It is further submitted that jail sentence of similarly placed co-convicts Mannalal and Bherulal has been suspended. He has relied upon (Ghanshyam Dhakad vs The State of Madhya Pradesh) the decision rendered by the Division Bench in the case of Sanjay vs.

Signature Not Verified Signed by: ANUSHREE PANDEY Signing time: 31-10-2023 10:29:44 IN THE HIGH COURT OF MADHYA PRADESH

AT INDORE

Cri. A. No.972 of 2014 (SHANTILAL Vs THE STATE OF MADHYA PRADESH)

State of Madhya Pradesh (Criminal Appeal No.104 of 2015 dated 17.01.2022), wherein the Court after relying on the judgment passed by the Apex Court in the case of Thana Singh vs. Central Bureau of Narcotics passed in Civil Appeal No.1640/2010 dated 30.08.2010 held that if the period of custody has been undergone by the accused for more than 50% of the sentence total jail awarded, then the application for suspension of sentence may be considered on the said ground. The appellant has already undergone more than half of the jail sentence.

4. After perusal of the statement of prosecutrix, it is evident that she had made allegation against all the accused persons for committing repeatedly rape one by one. Apart from that, FSL report is also negative. The case of the present appellant is identical with the case of co-accused Mannalal and Bherulal.

5. Learned counsel for the respondent/ State opposes the prayer on the ground that the prosecutrix has made allegation against the present appellant that he committed rape and others were outside the room. However, upon perusal of the testimony of prosecutrix, it is evident that she had made allegation against all the accused persons for committing rape by shutting her

Signature Not Verified Signed by: ANUSHREE PANDEY Signing time: 31-10-2023 10:29:44 IN THE HIGH COURT OF MADHYA PRADESH

AT INDORE

Cri. A. No.972 of 2014 (SHANTILAL Vs THE STATE OF MADHYA PRADESH)

mouth one by one. When two appellants went outside the room, then appellant Shantilal committed rape upon her.

6. After hearing counsel for the parties and taking into consideration that the appellant has undergone 50% actual jail sentence and the law laid down in the cases of Sanjay and Thana Singh(supra), the application I.A.No.11059 of 2023 is allowed. It is directed that substantive jail sentence of appellant Shantilal shall remain suspended, subject to depositing the fine amount (if not already deposited) and on furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One Lakh only) with one solvent surety of like amount to the satisfaction of trial Court for his appearance before the Registry of this Court on 10.01.2024 and on all other subsequent dates as may be fixed by the Registry in this behalf.

Certified copy, as per Rules.

                            (VIJAY KUMAR SHUKLA)                           (ANIL VERMA)
                                    JUDGE                                    JUDGE
                           Anushree




Signature Not Verified
Signed by: ANUSHREE
PANDEY
Signing time: 31-10-2023
10:29:44