Tribunath Gautam Alias Papu ... vs The State Of Madhya Pradesh
2023 Latest Caselaw 15621 MP

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                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                      CRA No. 9652 of 2023
                             (TRIBUNATH GAUTAM ALIAS PAPU PANDIT Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                          Dated : 22-09-2023
                                Shri Somesh Shukla - Advocate for the appellant.

                                Shri Amit Pandey - Panel Lawyer for the respondent/State.

The counsel for the State submits that the notice to the complainant has already been served and report in this regard is available in the office file of Advocate General.

Heard on the question of admission.

Considering the submission made by the counsel for the appellant and the averments made in the memo of appeal, it appears that the appeal involves arguable points, therefore it is admitted for final hearing.

Heard on I.A. No.18622/2023 which is an application filed under Section 389(1) of the Code of Criminal Procedure on behalf of the appellant for suspension of sentence and grant of bail.

Vide the impugned judgment dated 14.07.2023 passed by the Special Judge, Anuppur in Special Case No.19/2021, the appellant has been convicted

under Section 376(1) of the Indian Penal Code and sentenced thereunder to suffer RI for ten year with fine of Rs.2000/-, with default stipulation.

Learned counsel for the appellant submits that looking to the prosecution story and material produced by the prosecution during trial, it can be easily gathered that it is a case of consent and no case of 376 of IPC is made out against the appellant, but despite that the trial Court did not appreciate the evidence in a proper manner and passed the impugned judgment which is otherwise not sustainable. He submits that in view of the statement of the Signature Not Verified Signed by: ANIL CHOUDHARY Signing time: 9/23/2023 10:20:09 AM

witnesses and even from statement of the prosecutrix, it is clear that she was consenting party, major lady and was in affair with the present appellant.

Although, Shri Pandey, appearing for the State has opposed the submission made by the counsel for the appellant and submitted that in view of the statement of the husband of the prosecutrix, it is clear that it was a case of rape and the present appellant has rightly been convicted.

Considering the submissions made by the counsel for the parties and after perusal of record, prima facie I am of the opinion that the application for suspension of sentence and grant of bail can be considered. Therefore, without commenting anything on the merits of the case, I.A. No.18622/2023 allowed.

I t is directed that the appellant shall be released on bail upon his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand) with a surety bond of like amount to the satisfaction of trial Court concerned for his appearance before the Registry of this Court first time on 23.11.2023 and thereafter on such other dates as may be fixed by the Registry in this regard.

Accordingly, I.A. Nos.18622/2023 stands allowed and disposed of. List this case for final hearing in due course. Certified copy as per rules.

(SANJAY DWIVEDI) JUDGE

ac/-

Signature Not Verified Signed by: ANIL CHOUDHARY Signing time: 9/23/2023 10:20:09 AM