Maheshchandra vs The State Of Madhya Pradesh
2023 Latest Caselaw 15260 MP

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                       CRA No. 1969 of 2023
                                            (MAHESHCHANDRA Vs THE STATE OF MADHYA PRADESH)

                          Dated : 15-09-2023
                                Shri Yogesh Kumar Gupta- Advocate for the appellant.

                                Shri Ashish Kurmi-Panel Lawyer for the respondent/State.

Heard.

The appeal is admitted for final hearing. Also heard on I.A. No. 2860/2023, an application under Section 389(1)

of the Cr.P.C. for suspension of remaining jail sentence and grant of bail to appellant -Maheshchandra aris ing out of judgment dated 05.12.2022 delivered in ST. No.68/2020 by learned First Additional Sessions Judge, Harda, District-Harda.

T h e appellant has been convicted under Section 450 of IPC and sentenced to undergo R.I. for 5 years with fine of Rs.500/- and Section 376 (2)(n) of IPC and sentenced to undergo R.I. for 10 years with fine of Rs.500/- with default stipulations.

Learned counsel for the appellant submits that the story as narrated by

prosecutrix in the FIR and her statement is improbable and unnatural. Prosecutrix's son (PW-2) and his wife (PW-3) has not supported the case of prosecution. The first incident had taken place on 03.05.2020 and second incident had taken place on 07.06.2020 but report has been lodged on 09.06.2020. As per prosecution, both the incidents are said to have been taken place inside the house where prosecutrix and other family members were also residing. Prosecutrix is a consenting party. Thus, the remaining jail sentence of appellants may be suspended.

Signature Not Verified Signed by: KUNDAN SHARMA Signing time: 9/15/2023 6:28:31 PM

The prayer is opposed by learned counsel for the State. In view of FIR (Ex-P/6) and testimonies of PW-2, PW-3 and PW-5, I deem it proper to suspend the remaining jail sentence of the appellant.

Accordingly, I.A No. 2860/2023 is allowed. Subject to depositing the fine amount, if not already deposited, the remaining jail sentence of the appellant-Maheshchandra is hereby suspended and it is directed that he 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 trial court Harda District-Harda on 04.12.2023

and also on such other dates, as may be fixed by the trial court in this regard during the pendency of this appeal.

List for final hearing in due course.

C.c as per rules.

(ACHAL KUMAR PALIWAL) JUDGE

kundan

Signature Not Verified Signed by: KUNDAN SHARMA Signing time: 9/15/2023 6:28:31 PM