Ajay vs The State Of Madhya Pradesh
2025 Latest Caselaw 6320 MP

Madhya Pradesh High Court

Ajay vs The State Of Madhya Pradesh on 20 August, 2025

                                                                1                           CRA-1317-2023
                                           IN THE HIGH COURT OF MADHYA PRADESH
                                                         AT INDORE
                                                        CRA No. 1317 of 2023
                                                   (AJAY Vs THE STATE OF MADHYA PRADESH )



                          Dated : 20-08-2025
                                 Shri Akhilesh Kumar Saxena - Advocate for the appellant.

                                 Shri Rahul Solanki - GA for the respondent/State.

Heard on IA No.20573 of 2024 , which is first application under Section 430 of Bharatiya Nagarik Suraksha Sanhita, 2023 for suspension of remaining jail sentence and grant of bail filed on behalf of appellant - Ajay

S/o Dinesh Atode.

3. Appellant has been convicted under sections 366 & 376(2)(J) of the IPC and sentenced to undergo RI for 5 years and 10 years, respectively with default stipulation vide judgment dated 15.12.2022 in S.C.No.84/2020 by the First Additional Sessions Judge, Khargone, District Khargone.

4. The appellant has been convicted on the ground that the prosecutrix is below the age of 18 years i.e. 16 years, 4 month and 2 days. There is no serious challenge to the age of the victim by the trial Court on the strength of Exhibit-P/14 and P/15. The final hearing of the appeal will likely

to take long time, hence prayed for suspension of sentence and release of the appellant on bail.

5. Counsel for the State has opposed the application and prayed for its rejection.

6. Considering the analysis of evidence regarding the age of the victim, without commenting on the merit of the case, the application is

2 CRA-1317-2023 allowed and it is directed that the execution of remaining jail sentence passed against appellant shall remain suspended and he be released on bail upon furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand) with one surety in the like amount to the satisfaction of the trial court, for his appearance before the Registry of this Court on 24.11.2025 and on such further dates as may be fixed in this behalf by the Registry during the pendency of this appeal.

7. List the case for final hearing in due course. C.C. as per rules.

(GAJENDRA SINGH) JUDGE

VS