Parmeshwar vs The State Of Madhya Pradesh
2023 Latest Caselaw 15218 MP

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                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                         CRA No. 1127 of 2023
                                               (PARMESHWAR Vs THE STATE OF MADHYA PRADESH)

                          Dated : 14-09-2023
                                   Shri Ram Bachan Sahu - Advocate for the appellant.

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

Heard on admission.

Appeal is admitted for final hearing.

Also, heard on I.A.No.2754/2023, an application under Section 389(1) of

the Cr.P.C. for suspension sentence and grant of bail to appellant arising out of judgment dated 06.01.2023 delivered in S.T.No.72/2020 by Additional Sessions Judge, Pandurna District-Chhindwara.

T he appellant has been convicted under Section 450 of the IPC and sentenced to undergo R.I. for 5 years with fine of Rs.3,000/-, under Section 376 of the IPC and sentenced to undergo R.I. for 10 years with fine of Rs.10,000/- and under Section 506-II of the IPC and sentenced to undergo R.I. for 3 years with fine of Rs.2,000/-,with default stipulations.

Learned counsel for the appellant submits that incident is dated

08.08.2017 and report has been lodged on 15.02.2018 and no explanation for the same has been furnished. FSL report does not support the prosecution story.

After taking this Court through the evidence of (PW-1), (PW-2) and (PW-3), it is urged that on account of some social customs, marriage between prosecutrix and appellant could not be solemnized, therefore, it cannot be said that appellant has established sexual relation with the prosecutrix on false pretext of marriage, therefore, no case under Section 376 of the IPC is made Signature Not Verified Signed by: VAISHALI AGRAWAL Signing time: 9/15/2023 10:25:47 AM

out, it is so because prosecutrix was major on the date of incident. The final hearing of this appeal is not possible in near future, therefore, it has been prayed that remaining jail sentence of appellant may be suspended and he be released on bail.

Learned Panel Lawyer for the State, on the other hand, has opposed the application.

In view of testimonies of PW-1, PW-2 and PW-3, delayed FIR, coupled with the fact that hearing of this appeal is not possible in near future, I deem it proper to suspend the remaining jail sentence of the appellant. Accordingly, aforesaid I.A. is allowed.

Subject to depositing the fine amount, if not already deposited, the remaining jail sentence of appellant Parmeshwar is hereby suspended and it is directed that the appellant be released on bail on his furnishing a personal bond for a sum of Rs.30,000/- (Rupees thirty thousand only) with one solvent surety of the like amount to the satisfaction of the trial court with a further direction to appear before the concerning trial Court on 21.11.2023 and also on such other dates, as may be fixed by the trial court in this regard during the pendency of this appeal.

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

(ACHAL KUMAR PALIWAL) JUDGE

vai

Signature Not Verified Signed by: VAISHALI AGRAWAL Signing time: 9/15/2023 10:25:47 AM