Madhya Pradesh High Court
Akshya vs The State Of Madhya Pradesh on 14 February, 2025
1 CRA-5676-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
CRA No. 5676 of 2024
(AKSHYA Vs THE STATE OF MADHYA PRADESH )
Dated : 14-02-2025
Shri Charchit Shastri, learned counsel for the appellant.
Shri Virendra Khadav, learned Public Prosecutor for the
respondent/State.
Heard on I.A.No.8028 of 2024 , which is first application under
Section 5 of the Limitation Act, 1963 for condonation of delay.
Delay of 22 days in filing the appeal is duly explained in the
application, which is well supported by an affidavit, therefore, application is
allowed for the reasons stated therein and delay in filing the appeal is hereby
condoned.
Heard on the question of admission.
The appeal is admitted for final hearing.
Also heard on I.A.No.218 of 2025 , first application under Section 389
(1) of Code of Criminal Procedure, 1973 = 430 of Bharatiya Nagarik Suraksha
Sanhita, 2023 for suspension of remaining jail sentence and grant of bail on
behalf of appellant Akshay.
Vide judgment of conviction and order of sentence dated 10.02.2024
passed in Sessions Trial No.742 of 2021 by learned 8th Additional Sessions
Judge (O.A.W.), Indore (MP), the appellant stands convicted under Section
2 CRA-5676-2024
376(2)(n), 376(2)(h), 306 & 506 of Indian Penal Code, 1860 and sentenced
to undergo 10 years RI with fine of Rs.2000/-, 10 years RI with fine of
Rs.2000/-, 7 years RI with fine of Rs.2000/- and 10 years RI with fine of
Rs.1000/- with usual default stipulation.
Learned counsel for the appellant, while taking exception to this
impugned judgment, submits that appellant is innocent and he has been
falsely implicated in this offence wherein the deceased has committed
suicide by consuming acid. Trial Court has not appreciated the evidence in
its right perspective. There are material contradictions and omissions in the
statement of the witnesses. Impugned judgment suffers from surmises and
conjectures. He has been suffered the jail incarceration more than 3 years out
of 10 years imprisonment. It is further submitted that the appeal being of the
year 2024 is not likely to be heard finally in near future. There is a strong
case in favour of the appellant. Hence, under such circumstances prayer is
made for suspension of jail sentence and grant of bail.
Per contra, learned Public Prosecutor, appearing on behalf of the
respondent/State, while supporting the judgment impugned submits that no
exception can be taken in the matter of suspension of sentence and grant of
bail, regard being had to the nature and the gravity of offence found proved
against the present appellant. He submits that the deceased committed
suicide due to harassment and rape committed by the appellant and prays for
dismissal of the application.
Heard learned counsel for the parties and perused the record.
3 CRA-5676-2024
Considering the aforesaid factual backdrop, coupled with the period of
incarceration, all the facts and circumstances of the case coupled with the
fact that possibility of final hearing of this appeal in near future is bleak,
without expressing any conclusive opinion on merits, I find it to be a fit case
to suspend the remaining custodial sentence of the appellant.
Accordingly, I.A.No.218 of 2025 is allowed. Subject to deposit of fine
amount, if not already deposited the remaining jail sentence during the
pendency of the appeal is hereby suspended and it is directed that appellant
be released on bail on his furnishing personal bond in sum of Rs.50,000/-
(Rupees Fifty Thousand Only) with one local solvent surety of the like
amount to the satisfaction of learned trial Court for his appearance before the
Registry of this Court on 25.03.2025 and on all such subsequent dates, which
are fixed in this regard.
Accordingly, the said IA is disposed off.
Registry is directed to list the matter for final hearing in due course.
Certified copy as per rules.
(BINOD KUMAR DWIVEDI)
JUDGE
soumya
