Shiv Kumar Malgam vs The State Of Madhya Pradesh
2023 Latest Caselaw 18171 MP

                                                              1
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                     CRA No. 10692 of 2019
                                          (SHIV KUMAR MALGAM Vs THE STATE OF MADHYA PRADESH)

                          Dated : 31-10-2023
                                Appellant's counsel absent.

                                Shri Pramod Thakre - Public Prosecutor for respondent/State.

It is informed by learned Public Prosecutor that the victim has been served.

2. Heard on I.A. No.21271 of 2023.

3. This is the first application seeking for suspension of sentence and bail filed on behalf of appellant/accused - Shiv Kumar Malgam who has been convicted under Sections 376 (1) N of the Indian Penal Code and sentenced to R.I. for life and to pay fine of Rs.5,000/- with default stipulation vide impugned judgment of conviction and order of sentence dated 07.12.2019 passed by the learned Special Judge, Dinbdori in Special ST. No.96 of 2017.

4. The prosecution case, in brief, is that 8 - 9 months prior to the date of lodging of FIR the accused committed rape with the prosecutrix on false pretext of marriage.

5. We have perused the record.

6. It is the case of the appellant that the victim as well as the appellant were known to each other since long. Victim on her own volition left her house and went with the present appellant.They have resided together for a period of almost one year and thereafter she was recovered. Appellant is in custody for about 4 years 6 months.

7. State counsel has vehemently opposed the application stating that she was a minor at the time of commission of offence and has narrated the incident in Signature Not Verified Signed by: LORETTA RAJ Signing time: 11/2/2023 5:53:38 PM

her statement, but could not dispute the fact that the victim has resided with the present appellant for a period of one year without raising any objection.

8. Considering the overall facts and circumstances of the case but without commenting upon the merits, we deem it just and necessary to enlarge the appellant on bail. Consequently, I.A. No.21271 of 2023 is allowed.

9. Subject to deposit of the fine amount, the remaining jail sentence of the appellant/accused - Shiv Kumar Malgam shall remain suspended and he is directed to be enlarged on bail on furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety of the like amount to the satisfaction of the trial Court for his appearance before the trial

Court/concerned Court on 19.01.2024 and thereafter on such other subsequent dates as may be fixed in that behalf.

10. Registry to send a copy of this order directly to the accused.

                                    (RAVI MALIMATH)                                       (VISHAL MISHRA)
                                      CHIEF JUSTICE                                            JUDGE

                          Loretta




Signature Not Verified
Signed by: LORETTA RAJ
Signing time: 11/2/2023
5:53:38 PM