Rajendra Alias Monu Sarvare vs The State Of Madhya Pradesh
2023 Latest Caselaw 15611 MP

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                                         IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT JABALPUR
                                                         CRA No. 6245 of 2021
                                         (RAJENDRA ALIAS MONU SARVARE Vs THE STATE OF MADHYA PRADESH)

                          Dated : 22-09-2023
                                 Shri Nitin Jain - Advocate for the appellant.

                                 Shri Akhiledra Singh - Government Advocate for the respondent/State.

Record of the court below received.

Heard on admission.

Appeal is admitted for final hearing.

Also heard on I.ANo.14114/2022 second application under Section 389(1) of the Cr.P.C for suspension of sentence and grant of bail to appellant Rajendra alias Monu Sarvare.

The appellant has been convicted under Section 376 (2)(dha) of IPC and sentenced to undergo R.I. for Life with fine of Rs.50,000/- with default stipulation.

His earlier application was dismissed for want of prosecution by this Court by order dated 18.07.2022 passed in Cr.A.No.6245 of 2021 (I.A.No.18706/2021).

Learned counsel for the appellant submits that it is prosecutrix, who refused to marry appellant and physical relations were established with the consent of prosecutrix. In this connection, learned counsel for the appellant has relied upon the judgment passed by the Hon'ble Supreme Court in the case of Maheswar Tigga Vs. The State of Jharkhand (Criminal Appeal No.635 of 2020 dated 28.09.2020). Learned counsel for the appellant further submits that appellant is in jail since 01.10.2021 and during trial he was on bail. Final hearing of this appeal is not possible in near future. Therefore, it has been prayed that Signature Not Verified Signed by: VAISHALI AGRAWAL Signing time: 9/26/2023 10:31:01 AM

the remaining jail sentence of the appellant may be suspended.

The prayer is opposed by learned Government Advocate for the State. In view of testimony of prosecutrix and written report (Ex.P/1), coupled with the fact that final hearing of this appeal is not possible in near future, we 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 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 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. Certified copy as per rules.

                                (SUJOY PAUL)                                    (ACHAL KUMAR PALIWAL)
                                   JUDGE                                                JUDGE

                          vai




Signature Not Verified
Signed by: VAISHALI
AGRAWAL
Signing time: 9/26/2023
10:31:01 AM