Kaluram Shakya vs The State Of Madhya Pradesh
2024 Latest Caselaw 20786 MP

Madhya Pradesh High Court

Kaluram Shakya vs The State Of Madhya Pradesh on 1 August, 2024

Author: Sunita Yadav

Bench: Sunita Yadav

                                                                 1                             CRA-9814-2023
                                         IN THE HIGH COURT OF MADHYA PRADESH
                                                       AT GWALIOR
                                                       CRA No. 9814 of 2023
                                            (KALURAM SHAKYA Vs THE STATE OF MADHYA PRADESH )



                          Dated : 01-08-2024
                                Shri Ramesh Sharan Sharma, learned counsel for the appellant.

                                Shri Yogesh Parashar, Public Prosecutor for State.

                                Heard on the question of admission.
                                The appeal, being arguable, is admitted for final hearing.
                                Heard on I.A. No.3686/2024, which is first application under Section 389

                          (1) of Cr.P.C. for suspension of sentence and grant of bail to the appellant.
                                This Criminal appeal assails the judgment dated 12.6.2023 passed by the
                          First Additional Sessions Judge, Karera, District Shivpuri (M.P.) in ST No.
                          83/2019, whereby, the appellant has been convicted under Section 376(2)(N) of
                          IPC and sentenced to undergo rigorous imprisonment for 10 years with fine of
                          Rs.1,000/-,with default stipulation.
                                Learned counsel for the appellant argued that learned trial Court has
                          wrongly convicted the appellant ignoring the fact that on the basis of evidence of
                          prosecutrix case of prosecution is not proved. There are material omissions and
                          contradictions in the statement of prosecution witnesses. Further submission is

                          that prosecutrix is a major woman and the fact that incident was committed inside
                          her house is highly improbable. Further submission is that there is delay in filing
                          the FIR for which no plausible explanation has been given. It is further submitted
                          that appellant has already served about 3 years of incarceration out of total
                          sentence of 10 years. Under these circumstances so also in the light of the fact that
                          present appeal is likely to take long time to come up for final hearing, he prays for


Signature Not Verified
Signed by: ROHIT SHARMA
Signing time: 8/2/2024
11:44:43 AM
                                                                 2                             CRA-9814-2023
                          suspension of jail sentence of the appellant and grant of bail to him.
                                 Per contra, leaned Panel Lawyer for the respondent/State opposed the

application and prayed for its rejection.

Heard learned counsel for the parties and perused the materials available on record.

Considering the arguments advanced by learned counsel for the parties, without commenting on merits of the case, I.A. No.3686/2024 is hereby allowed. Subject to depositing of fine amount, if not already deposited, and on furnishing personal bond of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety of the like amount to the satisfaction of the concerned trial Court, the remaining jail sentence of the appellant shall remain suspended and he be released on bail. He is further directed to mark his appearance before the Office of this

Court on 24.10.2024 and on subsequent dates given by the Office in this regard, till final disposal of this appeal.

List the case for final hearing in due course. A copy of this order be sent to the concerned Court below for compliance. Certified copy/ e-copy as per rules/directions.

(SUNITA YADAV) JUDGE

R