Dileep Tadvi Bheel vs The State Of Madhya Pradesh
2024 Latest Caselaw 5778 MP

Madhya Pradesh High Court

Dileep Tadvi Bheel vs The State Of Madhya Pradesh on 26 February, 2024

Author: Maninder S. Bhatti

Bench: Maninder S. Bhatti

                                                                  1
                                     IN THE HIGH COURT OF MADHYA PRADESH
                                                  AT JABALPUR
                                                      CRA No. 575 of 2024
                                         (DILEEP TADVI BHEEL Vs THE STATE OF MADHYA PRADESH)

                    Dated : 26-02-2024
                          Shri Kapil Pathak, learned counsel for the appellant.

                          Shri C.K. Mishta G.A. appeared for Respondent.

Record from Trial Court is received.

Heard on the question of admission.

Admit.

Also heard on I.A No.1154/2024, an application under 389(1) of the Cr.P.C. for suspension of sentence and grant of bail to the appellant.

The appellant has been convicted under Sections 366 (ka) of I.P.C and has been sentenced to undergo R.I. for 3 years with fine of Rs.5,000/- with default stipulation.

Learned counsel for the appellant submits that the appellant has suffered incarceration of approximately five months out of total sentence of 10 years. It is contended by the learned counsel that past record of the appellant is unblemished. The counsel for the appellant submits that the present applicant and prosecutrix are living as husband and wife as their marriage was solemnized and they have also been blessed with

one son. Therefore, the parent of the prosecutrix as well as prosecutrix submitted an affidavit before the trial Court and also made a request for compounding of the offence but the same has been turned down which is evident form the perusal of paragraph two of the judgment. Therefore, taking into consideration the period of incarceration, the appellant be enlarged on bail. Learned counsel further submits that there is no likelihood of final hearing of the instant appeal in the near future.

Learned counsel for the State has opposed the prayer for suspension of sentence and grant of bail to the appellant while submitting that the prosecutrix was minor at the

time of commission of offence.

It is evident that at present, the applicant and prosecutrix are living as husband and wife and they have been blessed with one son from their wedlock. It is also evident that the prosecutrix as well as her parents have sworn on affidavit filed before the trial Court and also moved an application for compounding of the offence. It is undisputed that the appellant has suffered incarceration of approximately five months out of total sentence of 10 years.. This Court deem it proper to allow the application. Thus, I.A. No.674/2024 is allowed.

Thus, taking into consideration all circumstances and facts and also the fact that the prosecutrix is living with the applicant as his wife and also the appellant has suffered

incarceration of approximately five months out of total sentence of 10 years, and in view of the law laid down by the Apex Court in the case of K. Dhandapani v. the State by the Inspector of Police [2022 LiveLaw (SC) 477], without commenting on the merit of the case, the application is allowed.

I t is directed that the execution of the remaining jail sentence passed against appellant shall remain suspended during pendency of this appeal and they be released on bail subject to depositing fine amount, if not already deposited and upon his furnishing personal bond in the sum of Rs.50,000/- (Rs. fifty thousand only) with one surety in like amount to the satisfaction of the trial Court for their appearance before the trial Court on 03/07/2024 and on such further dates as may be fixed by the trial Court in this regard during the pendency of this appeal.

List the matter for final hearing in due course.

Certified copy as per rules.

(MANINDER S. BHATTI) JUDGE Astha