Kaleem vs The State Of Madhya Pradesh
2025 Latest Caselaw 2593 MP

Madhya Pradesh High Court

Kaleem vs The State Of Madhya Pradesh on 9 January, 2025

                                                            1                            CRA-1065-2024
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                    CRA No. 1065 of 2024
                                              (KALEEM Vs THE STATE OF MADHYA PRADESH )



                         Dated : 09-01-2025
                               Shri Siddharth Datt - Advocate for appellant.
                               Shri Ravindra Rajput - Panel lawyer for the respondent/State.

Heard on admission.

The appeal is admitted for final hearing.

Heard on I.A No. 1471 of 2024 , an application under Section 389(1)

of the Cr.P.C for suspension of sentence and grant of bail to appellant arising out of judgment dated 05.01.2024 delivered in S.T. No. 102/2022 by Sessions Judge, Burhanpur District Burhanpur.

The appellant has been convicted under Section 450 of I.P.C. and sentenced to undergo R.I. for ten years with fine of Rs.2,000/- and under Section 376 of IPC and sentenced to undergo RI for ten years with fine of Rs. 2000/- with default stipulation.

Learned counsel for the appellant submits that in this case, the appellant and the victim were residing in the same locality and on the date of

incident, the victim's husband came at 12:00 PM, that is why, FIR was lodged and it is also submitted that the so-called incident happened on 26-10- 2022 and FIR was lodged on 29-10-2022 whereas it is clearly stated that the victim has narrated the incident to her husband on the same day and also to her maternal aunt. In medical examination, no external injury was found and submitted that DNA examination was not performed and the trial Court has

2 CRA-1065-2024 wrongly convicted the appellant. Thus, the remaining jail sentence of appellant may be suspended.

Learned Govt. Advocate opposed the prayer on the basis of objection and submits that as per FSL report which is positive, sperms were found on the vaginal slide of the victim.

Looking to the facts and circumstances of the case and without commenting on the merits of the case, I deem it proper to suspend the remaining jail sentence of the appellant.

Accordingly, I.A No. 1471 of 2024 is allowed.

Subject to depositing the fine amount (if not already deposited), the remaining jail sentence of appellant is hereby suspended and it is directed that the appellant be released on bail on his furnishing a personal bond in the

sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety of the like amount to the satisfaction of the trial Court with a further direction to appear before the trial Court, Burhanpur on 25th April, 2025 and also on such other dates as may be fixed by the trial Court in this regard during the pendency of this appeal.

List this case for final hearing as per its turn and seniority. Certified copy as per rules.

(DEVNARAYAN MISHRA) JUDGE

PG