Citation : 2025 Latest Caselaw 3707 MP
Judgement Date : 8 August, 2025
1 CRA-10689-2022
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 10689 of 2022
(SHAKTI PANDRE Vs THE STATE OF MADHYA PRADESH )
Dated : 08-08-2025
Shri Navneet Shukla - Advocate for appellant.
Shri Yash Soni - Dy. Advocate General for State.
Heard on I.A.No.21891/2022, which is first application under Section
389(1) of the Cr.P.C. for suspension of sentence and grant of bail to the appellant.
The appellant has been convicted for the offence punishable under Section
366-A of IPC and sentenced to undergo R.I. for 5 years and with fine of Rs.100/-,
Section 376(3) of IPC and sentenced to undergo R.I. for 20 years with fine of
Rs.100/- and Section 5 (L)(J)(ii) read with Section 6 of POCSO Act and sentenced
to undergo R.I. for 20 years with fine of Rs.200/- respectively, with default
stipulations.
Learned counsel for the appellant submits that he is innocent and has falsely
been implicated in the matter. He also submits that prosecutrix and appellant are
husband and wife and out of their wedlock, they have a child. He further submits
that prosecutrix is resided in the house of the appellant for a long period. He
further submits that there is 11 months delay in lodging of FIR. He further
submits that the entire prosecution story is suspected. He also submits that
prosecutrix is a consenting party. He further submits that appellant has no
previous criminal history. Appellant is in jail since long time. There is no
likelihood of hearing of appeal in near future. Hence, it is prayed that the
application for suspension of sentence may be considered.
Signature Not Verified
Signed by: NITESH PANDEY
Signing time: 11-08-2025
15:41:43
2 CRA-10689-2022
On the other hand, learned counsel for the respondent/State has vehemently
opposed the application and supported the impugned judgment of conviction and sentence passed by the trial court.
Considering the arguments advanced by learned counsel for the parties, we are of the opinion that the application for suspension of sentence and grant of bail to the appellants can be considered.
Accordingly, without commenting anything on the merits of the case, I.A.No.21891/2022 are allowed.
It is directed that the remaining jail sentence awarded to the appellant shall remain suspended and he be released on bail subject to his depositing the amount of fine, if not already deposited, and on furnishing a personal bond in the sum of
Rs.10,000/- (Rupees Ten Thousand only) with one surety in the like amount to the satisfaction of the trial Court concerned for his appearance before the Registry of this Court on 17.11.2025 and on such other dates as may be fixed in this regard.
I.A.No.21891/2022 stand allowed and disposed of .
List the matter for final hearing in due course.
(VIVEK KUMAR SINGH) (AJAY KUMAR NIRANKARI)
JUDGE JUDGE
NP
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