Ramnath Choudhary vs The State Of Madhya Pradesh
2024 Latest Caselaw 21155 MP

Madhya Pradesh High Court

Ramnath Choudhary vs The State Of Madhya Pradesh on 5 August, 2024

Author: Vivek Agarwal

Bench: Vivek Agarwal

                                                             1                             CRA-3319-2024
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                        CRA No. 3319 of 2024

(RAMNATH CHOUDHARY Vs THE STATE OF MADHYA PRADESH AND OTHERS )

Dated : 05-08-2024 Shri Madan Singh - Advocate for the appellant.

Shri Pramod Pandey - Government Advocate for the State.

Heard on I.A. No. 7622/2024 , an application for suspension of sentence and grant of bail on behalf of appellant Ramnath Choudhary S/o Komal Choudhary.

This appeal is filed being aggrieved of the judgment dated 02.03.2024

passed by 2nd Additional Sessions Judge, District Anuppur in Sessions Trial No.77/2021 whereby the appellant has been convicted for offence punishable under Section 376(2)(n) of I.P.C and sentenced to undergo R.I. for 20 years with fine of Rs. 5,000/-, Section 365 of I.P.C. and sentenced to undergo R.I. for five years with fine of Rs. 1,000/-, Section 366 of I.P.C. and sentenced to undergo R.I. for seven years with fine of Rs. 2,000/-, Section 506 part 2 of I.P.C. and sentenced to undergo R.I. for five years with fine of Rs. 1,000/- with default stipulations.

It is submitted by learned counsel for the appellant that this is a matter of consensual relationship. The prosecutrix remained with the appellant for over 13 days. There is not only delay in lodging of missing person report Ex. P-7 but also F.I.R. Ex. P-1. A consensual relationship has been turned out to be a matter of Section 376 I.P.C. There are no ingredients of abduction or kidnapping. The appellant is innocent. He is in custody since

2 CRA-3319-2024 2/03/2024. There are good chances of success.

Shri Pramod Pandey, learned Government Advocate, opposes the prayer for suspension of sentence and submits that appellant has a criminal history of one case registered under Sections 294 and 323 of I.P.C.

Taking all these facts into consideration, without commenting on the merits of the case, I.A. No. 7622/2024 is allowed.

It is directed that on depositing the fine amount, if not already deposited, and on furnishing a personal bond to the tune of Rs.50,000/- (Rupees Fifty Thousand Only), with two solvent sureties in the like amount to the satisfaction of the Trial Court for his appearance before the Trial Court on 20.12.2024 and such other dates as may be fixed by the Trial Court, the execution of remaining part of the jail sentence imposed upon the present appellant shall remain suspended and he shall be released on bail till final disposal of this appeal.

I.A. No.7622/2024 is allowed & disposed of.

Certified copy as per rules.

                                  (VIVEK AGARWAL)                           (AVANINDRA KUMAR SINGH)
                                       JUDGE                                         JUDGE


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