The High Court Of Madhya Pradesh
(NAHARSINGH Vs THE STATE OF MADHYA PRADESH)
Indore, Dated : 27-06-2018
Shri V.S. Parihar, learned counsel for the appellant.
Shri Abhishek Soni, learned Public Prosecutor for the
Record of the trial Court has been received.
Heard on I.A. No.4741/2018, which is second repeat application
under Section 389 Cr.P.C. for grant of suspension of sentence and bail
filed on behalf of appellant. His first application was dismissed as
withdrawn on 04.04.2018.
The appellant has been convicted under Section 451 IPC,
sentenced to undergo RI for one year with fine of Rs.1,000/-, under
Section 354 IPC, sentenced to undergo RI for three years with fine of
Rs.3,000/-, under Section 323 IPC, fine of Rs.500/- and under Section
323 IPC, fine of Rs.500/- with default stipulation vide the judgment dated
10.08.2017 passed in Sessions Trial No.88/13 by the trial Court.
Learned counsel for the appellant submits that the judgment
impugned suffers from perversity, as the evidence on record has not been
properly appreciated. Amongst others, the statement of the prosecutrix
(P.W.-1) in para 3 suggests that no case is made out in Section 354 IPC.
That apart, the appellant has no criminal antecedents. The appellant is a
married person. He is bonafide residence of Village Kamthara, Tehsil
Khachrod. He further contends that the appellant has already suffered
incarceration in jail for four months since 06.02.2018 and there is no
likelihood of appeal to be heard in near future, hence, prayed for
suspension of execution of jail sentence.
The prayer is opposed by the learned Public Prosecutor for the
Taking into consideration that the disposal of appeal will take
time, subject to depositing the fine amount, the application is allowed. It
is directed that the jail sentence of the appellant shall remain suspended
and he be released on bail on his furnishing a personal bond in the sum of
Rs.1,00,000/- (Rs. One Lakh only) with one solvent surety in the like
amount to the satisfaction of the trial Court. The appellant is directed to
appear before the Registry of this Court on 09.08.2018 and on other
subsequent dates as may be fixed in this behalf.
Accordingly, the IA stands disposed of.
Digitally signed by
Kafeel Ahmed Ansari