Kamlesh Jaiswal vs The State Of Madhya Pradesh
2024 Latest Caselaw 15402 MP

Madhya Pradesh High Court

Kamlesh Jaiswal vs The State Of Madhya Pradesh on 22 May, 2024

Author: Anand Pathak

Bench: Anand Pathak

                                                                1
                                         IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT JABALPUR
                                                         CRA No. 4116 of 2021
                                         (KAMLESH JAISWAL Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                          Dated : 22-05-2024
                                 Shri N.K. Shah - Advocate for the appellant.

                                 Shri Surdeep Khamparia - Panel Lawyer for the respondent/State.

Heard on I.A. No. 16111/2023, which is an application for suspension of sentence.

This criminal appeal under Section 374(2) of the Cr.P.C. is preferred by

the appellant against the judgment dated 26.02.2021 passed by learned Second Additional Sessions Judge, Deosar, District Singrauli (M.P.) in S.T. No. 114/2017 whereby appellant has been convicted under Section 376(1) of IPC and sentenced to suffer 10 years R.I. with fine of Rs.5,000/- with default stipulation.

It is the submission of learned counsel for the appellant that trial Court erred in convicting the appellant and awarding the jail sentence. It is further submitted that trial Court ignored the fact that date of incident is 18.10.2017 and complaint was made before Police Station on 24.10.2017 and delay has

nowhere explained by prosecution in satisfactory manner. No injuries was found over the person of the prosecutrix, therefore, medical report belies the allegation. Primarily it was a case of domestic dispute because appellant is cousin brother-in-law (देवर) of prosecutrix. Sufficient contradictions kept into the deposition of different witnesses. Hearing of appeal shall take sometime. He undertake to abide by terms and conditions imposed by this Court. On these grounds, prayer for suspension of sentence has been prayed for.

Learned counsel for the respondent/State opposed the prayer.

Considering the facts and circumstances of the case, this Court intends to allow the application with stringent conditions, subject to deposit of fine amount, it is directed that jail sentence of appellant shall remain suspended subject to appellant furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety of like amount to the satisfaction of the trial Court to appear before Registry of this Court on 14.10.2024 and all other subsequent dates as may be fixed in this regard.

1. Appellant shall not move in the vicinity of the victim/prosecutrix side and shall not be source of embarrassment and harassment to the victim in any manner, otherwise his benefit of suspension of sentence

shall immediately be withdrawn.

I.A.No.16111/2023 stands disposed of.

A copy of this order be sent to the trial Court concerned for compliance. Certified copy as per rules.

(ANAND PATHAK) JUDGE

R