Nanhelal Pandro vs The State Of Madhya Pradesh
2024 Latest Caselaw 14013 MP

Madhya Pradesh High Court

Nanhelal Pandro vs The State Of Madhya Pradesh on 13 May, 2024

Author: Anand Pathak

Bench: Anand Pathak

                                                              1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                       CRA No. 6548 of 2021
                                           (NANHELAL PANDRO Vs THE STATE OF MADHYA PRADESH)

                          Dated : 13-05-2024
                                Shri Nitin Jain - Advocate for appellant.

                                Shri P.K. Choubey - Government Advocate for respondent/State.

Heard on I.A. No.9336 of 2024 which is third application for suspension of sentence and grant of bail on behalf of the appellant.

This criminal appeal assails the judgment dated 12.10.2021 passed in

S.T.No.116/2016 by the Additional Judge to the Court of 1st A.S.J. Mandla, whereby the appellant has been tried and convicted for the offence punishable under Section 366 of IPC and sentenced to R.I. for three years with fine of Rs.2,000/- and under Section 376 of IPC and sentenced to R.I. for seven years with fine of Rs.5,000/-, with default stipulations.

It is the submission of the learned counsel for the appellant that trial court erred in convicting the appellant and awarding jail sentence. He further submits that appellant sufferred two years and nine months of incarceration. It is further submitted that medical report belies the allegations whereas the prosecutrix was

60 years old and it is highly improbable that if offence of rape was committed then certainly certain injuries would have been found over the person of prosecutrix. To cover up the case after 45 days of alleged incident, F.I.R. was registered. In her cross examination, she admits the fact that earlier they compromised in Panchayat but because of relationship turned soured, the case was registered. Hearing of appeal shall take some time and he already suffered sufficient period of custody. He also refers the fact that Dr. Nainu Indoliya (PW-7) has nowhere referred the injuries of prosecutrix. Therefore, his case for

suspension of sentence may be considered.

Learned counsel for the State opposed the prayer and prayed for dismissal of application.

Considering the overall facts and circumstance of the case as well as arguments advanced by counsel for the parties, without commenting on the merits of the case as there is no possibility of early hearing of this criminal appeal before this Court, hence, I.A. No.9336 of 2024 is allowed. Appellant be released on bail on furnishing a 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, appellant's jail sentence shall remain

suspended till disposal of this appeal. The appellant is further directed to remain present before the Registry of this Court on 24.09.2024 and, thereafter, on such subsequent dates as may be fixed by the Registry.

C.C. as per rules.

(ANAND PATHAK) JUDGE

irfan