Madhya Pradesh High Court
Suresh Patel vs The State Of Madhya Pradesh on 16 May, 2019
1 CRA-93-2019
The High Court Of Madhya Pradesh
CRA-93-2019
(SURESH PATEL Vs THE STATE OF MADHYA PRADESH) 2 Jabalpur, Dated : 16-05-2019 Shri Manish Reja, counsel for the appellant. Shri B.S. Chouhan, P.L. for the State.
Perused the record of Special Sessions Trial No.21/2015. Prosecutrix died during trial.
After perusal of the statements of other witnesses, this appeal is having arguable point, admitted for final hearing.
Also heard on I.A. No.9022/2019, an application under Section 389(1) of Cr.P.C. for suspension of remaining custodial sentence and grant of bail on behalf of appellant-Suresh Patel.
Appellant stands convicted under Section 376/511 of IPC and sentenced to undergo RI for 7 years with fine of Rs.3000/- along with default stipulation.
Learned counsel for the appellant submits that more than three years and six months has already undergone by the appellant as custodial sentence.
As per case of the prosecution, one Sunil Srivatri seen the incident when the accused was trying to commit rape upon the prosecutrix. He called Vinay and Satyendra, but prosecution recorded the evidence of only Sunil Srivatri (PW-3). Prosecutrix was deaf and dumb. (PW-1) Dr. Chavi Shrivastava stated that hymen of the prosecutrix was intact and no injury was found on the private part.
Learned counsel for the State vehemently opposes the prayer for suspension of sentence.
Considering the aforesaid, nature of evidence, period of custody and the fact that final disposal of this appeal will take considerable long time, without expressing any opinion on merits of the case, the aforesaid I.A. is allowed and the remaining jail sentence of the appellant is hereby suspended Digitally signed by PRASHANT BAGJILEWALE Date: 17/05/2019 17:40:24 2 CRA-93-2019 subject to depositing the fine amount, if not deposited already and on furnishing a personal bond of Rs.50,000/- (Rs. Fifty thousand) along with one solvent surety of like amount to the satisfaction of trial Court, the appellant be released on bail with a further direction to mark his presence before the Registry of this Court firstly on 26.06.2019 and also on such other dates as may be notified by the Office in this regard till disposal of this appeal.
List for final hearing in due course.
C. C. as per rules.
(VISHNU PRATAP SINGH CHAUHAN) JUDGE pb Digitally signed by PRASHANT BAGJILEWALE Date: 17/05/2019 17:40:24