Shivpal vs The State Of Madhya Pradesh
2023 Latest Caselaw 15719 MP

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 1059 of 2023 (SHIVPAL Vs THE STATE OF MADHYA PRADESH)

Dated : 23-09-2023 Ms. Pooja Gajra - Advocate for the appellant.

Shri Dinesh Patel - Deputy Government Advocate for the State.

Heard on I.A.No.15017 of 2023, an application under Section 389(1) of the Cr.P.C. for suspension of sentence and grant of bail to appellant arising out of judgment dated 16.11.2022 delivered in S.T.No.07/2020 by the Additional

Sessions Judge, Pandurna District Chhindwara.

T h e appellant has been convicted under Sections 457 of IPC and sentenced to undergo RI for 3 years with fine of Rs.1,000/-, under Section 366 of IPC and sentenced to R.I. for 5 years with fine of Rs. 3,000/-, under Section 506-II of IPC and sentenced to R.I. for 3 years with fine of Rs. 1,000/- and under Section 376(1) of IPC and sentenced to R.I. for 10 years with fine of Rs.5,000/- with default stipulations.

Learned counsel for the appellant submits that as per medical report, no injury has been found on the person of the prosecutrix and doctor has given no

definite opinion regarding rape with the prosecutrix. Prosecutrix was 19 years at the time of the incident. It is matter of consent. Prosecutrix and appellant were seen by prosecutrix's Bua therefore report has been lodged. Incident occurred on 02.11.2017 but report has been lodged on 05.11.2017 and no explanation has been furnished for delay. The final hearing of this appeal will not possible in near future, therefore, it is prayed that the 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 Signature Not Verified Signed by: ROSHNI SINGH Signing time: 9/25/2023 1:51:10 PM

application.

In view of testimony of prosecutrix and delay in lodging the FIR, coupled with the fact that final 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.15017/2023 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 Shivpal 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 20.12.2023 and also on such other dates, as may be fixed by the trial court in this regard during the pendency of this appeal.

C. c. as per rules.

(ACHAL KUMAR PALIWAL) JUDGE

R

Signature Not Verified Signed by: ROSHNI SINGH Signing time: 9/25/2023 1:51:10 PM