Gangaram Parte vs The State Of Madhya Pradesh
2024 Latest Caselaw 16479 MP

Madhya Pradesh High Court

Gangaram Parte vs The State Of Madhya Pradesh on 31 May, 2024

Author: Anuradha Shukla

Bench: Anuradha Shukla

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 2248 of 2022 (GANGARAM PARTE Vs THE STATE OF MADHYA PRADESH)

Dated : 31-05-2024 Smt. Archana Tiwari - Advocate for the appellant.

Shri Dilip Shrivastava - Panel Lawyer for the State.

Heard on I.A No.6397/2024, which is third application under Section 389(1) of Cr.P.C for suspension of sentence and grant of bail moved on behalf of appellant.

The appellant has been convicted for the offence punishable under Sections 363, 366 and 376(2)(n) IPC and sentenced to undergo R.I. for 1 year, R.I. for 3 years and R.I. for 10 years, with fine of Rs.100/-, Rs.100/- and Rs.100/-, with default stipulations.

Learned counsel for the appellant submits that the maximum jail sentence of appellant is of 10 years R.I. and the appeal would take considerable time to conclude. He is ready to furnish adequate surety and shall abide by the directions and conditions, which may be imposed by this Court. Hence, it is prayed that the application for suspension of sentence may be considered.

Learned counsel for the State has opposed the application and prayed for its rejection.

Heard counsel for the parties, perused the judgment and record of the court below.

This third bail application has been argued on the ground that a major part of the sentence has already been suffered by the appellant in custody and still the matter has not been taken into consideration for final hearing.

It has also been argued that though the prosecutrix was below 18 years of

age but she was a consenting party.

State has opposed the bail application on the ground that the prosecutrix was below 18 years of age and the FSL report is positive in nature.

On 15.3.2024, this court had directed the Registry to list the matter for final arguments in the week commencing 22.4.2024 but the same was not listed. Against the maximum sentence of imprisonment of 10 years, the appellant has already suffered a period of more than six years and six months.

Taking the aforesaid facts into consideration, this third bail application is allowed.

I t is directed that subject to depositing the fine amount, if not already

deposited, and on furnishing a personal bond in a sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court concerned, the custodial sentence of the appellant shall remain suspended and he shall be released on bail for securing his presence before the Registry of this Court on 29.08.2024 and on such other dates as may be fixed in this regard during pendency of this appeal.

Accordingly, the aforesaid application stands allowed and disposed of. List this criminal appeal for final hearing in due course.

(ANURADHA SHUKLA) JUDGE

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Date: 2024.06.03 11:11:10 +05'30'