Mohan Mahor vs The State Of Madhya Pradesh
2024 Latest Caselaw 16436 MP

Madhya Pradesh High Court

Mohan Mahor vs The State Of Madhya Pradesh on 31 May, 2024

Author: Vivek Rusia

Bench: Vivek Rusia

IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR CRA No. 330 of 2016 (MOHAN MAHOR Vs THE STATE OF MADHYA PRADESH)

Dated : 31-05-2024 Shri Ashok Jain, Advocate for appellant.

Shri Rajesh Shukla, Public Prosecutor for State. Heard on I.A. No.10699/2024, which is an application under Section 389(1) of Cr.P.C. for suspension of remaining jail sentence of appellant.

2 . The appellant has been convicted under Section 376(2)(tha), and 506(2) of IPC and sentenced to undergo life imprisonment, 5 years R.I. and

with fine of Rs.10000/-, Rs.1000/- with default stipulation.

3 . Learned counsel for the appellant submits that the appellant has undergone half of the jail sentence which is approximately 50% after including the remission period. This Criminal Appeal is of the year 2016 and there is no possibility of early hearing of this Criminal Appeal. There is no minimum sentence for the above section. He relied upon paragraph 14 & 15 of the judgment where prosecutrix has admitted that when appellant refused to marry, she lodged a report about commission of rape. He prays for grant of suspension of sentence.

4. Considering all the facts and circumstances of the case, submissions made by learned counsel for both the parties, nature and gravity of the allegation against the appellant and also taking note of the fact that final conclusion of this appeal will take considerable long time, we deem it proper to suspend the remaining jail sentence of the appellant.

5. Accordingly, I.A. No.10699/2024 is allowed and the execution of remaining jail sentence of the appellant is hereby suspended till the final disposal

o f this appeal and it is ordered that the appellant be released on bail on his depositing the fine amount, if not already deposited, and upon furnishing a personal bond for a sum of Rs.1,00,000/- (Rupess One Lac only) with one solvent surety of the like amount to the satisfaction of the trial Court, with a further direction to appear before the Registry of this Court on 28.8.2024 and on such other dates, as may be fixed by the Registry of this Court in this regard during the pendency of this appeal.

C.C. as per rules.

                              (VIVEK RUSIA)                                  (RAJENDRA KUMAR VANI)
                                 JUDGE                                               JUDGE

                           Rohit