Malu vs The State Of Madhya Pradesh
2023 Latest Caselaw 15959 MP

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                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT INDORE
                                                      CRA No. 6589 of 2023
                                                 (MALU Vs THE STATE OF MADHYA PRADESH)

                          Dated : 26-09-2023
                                Shri Padmnabh Saxena - Advocate for appellant.

                                Shri Santosh Thakur - Govt. Advocate for the respondent/State.

Record of the trial Court has been received.

Heard on the question of admission.

The appeal is admitted for final hearing.

Also heard on I.A.No.11888/2023, which is first application under Section 389(1) of Cr.P.C. for grant of bail and suspension of remaining jail sentence on behalf of the sole appellant Malu Bilwal.

Appellant stands convicted vide judgment dated 01/03/2023 passed in S.T.No.23/2022 by II Additional Sessions Judge, Sardarpur, District Dhar (M.P.) under Sections 376 of Indian Penal Code, 1860 and has been sentenced to undergo 10 years RI with fine of Rs.5,000/- with usual default stipulation.

Learned counsel for the appellant submits that appellant is an innocent person and he has been falsely implicated in this matter. Prosecutrix is a 25

years old major and married lady. FIR is lodged with a delay of one day. Prosecutrix (PW-1) narrated that she sustained several injuries during the incident, but in the MLC no injury has been found. MLC report is not supporting the case of prosecution. The mother-in-law, father-in-law and sister- in-law (Jethani) of the prosecutrix did not support the case of prosecution and all of them have turned hostile. Even defence witness Fatiya (DW-1), who happens to be the mother-in-law of the prosecutrix also deposed that there was some dispute regarding the land with the present appellant, due to which her Signature Not Verified Signed by: TEJPRAKASH VYAS Signing time: 9/27/2023 12:34:24 PM

daughter-in-law has falsely implicated the appellant in the offence of commission of rape. Appellant has already suffered jail incarceration of about 01 years and 07 months. Looking to old pendency of the cases for consideration, final conclusion of this appeal would take sufficient long time. There is a strong case in favour of the appellant. Hence, the execution of the remaining part of the jail sentence of the appellant be suspended till the final disposal of this appeal.

Per contra, learned counsel for the respondent / State opposes the application for suspension of sentence and prays for its rejection by submitting that the trial Court after due consideration of the evidence available on record,

convicted the appellant. Hence, he is not entitled to grant benefit of suspension of sentence.

Considering all the facts and circumstances of the case, nature of the allegation levelled against the appellant and in view of the statements of prosecutrix (PW-1), her husband (PW-2), sister-in-law Anitabai (PW-5), mother-in-law Fatiya (DW-1) it appears that FIR has been lodged after one day of the incident; even the prosecutrix has narrated the incident to her husband on the same day; there was enmity between both the parties regarding some land dispute; appellant has already suffered jail incarceration for more than 01 year and 07 months and final conclusion of the appeal will also take sufficient long time. In view of the aforesaid facts and circumstances of the case, I deem it proper to suspend the remaining custodial sentence of the appellant.

Accordingly, I.A.No.11888/2023 is allowed and it is directed subject to deposit of fine amount, if not already deposited, and subject to furnishing personal bond by the appellant in the sum of Rs.75,000/- (Rupees Seventy Five

Signature Not Verified Signed by: TEJPRAKASH VYAS Signing time: 9/27/2023 12:34:24 PM

Thousand Only) with one solvent surety in the like amount to the satisfaction of learned trial Court, the execution of remaining custodial part of the sentence of the appellant shall remain suspended, till final disposal of this appeal.

The appellant after being enlarged on bail shall mark his presence before the Registry of this Court on 03/01/2024 and on all such subsequent dates, which are fixed in this behalf.

Registry is directed to list the appeal for final hearing in due course. Certified copy as per rules.

(ANIL VERMA) JUDGE

Tej

Signature Not Verified Signed by: TEJPRAKASH VYAS Signing time: 9/27/2023 12:34:24 PM