Madhya Pradesh High Court
Ghegha @ Haresingh Gond vs The State Of Madhya Pradesh on 13 February, 2017
CRA-400-2015
(GHEGHA @ HARESINGH GOND Vs THE STATE OF MADHYA PRADESH)
13-02-2017
Smt. Sarita Nandkumar, learned counsel for the appellant.
Shri Prakash Gupta, learned P. L. for respondent/ State.
Heard. on IA No.23466/2016, an application filed on behalf of the appellant for suspension of sentence and grant of bail.
Appellant has been convicted under Section 376 (2) (G) of IPC and sentenced for RI ten years with fine of Rs.2,000/-.
Earlier appellant was granted suspension of sentence vide order dated 11.3.2015. The Court passed the following order.:
"Smt. Sarita Acharya, Advocate for the appellant. Dr. (Smt.) Anjali Gyanani, Panel Lawyer for the respondent- State.
Record of the trial Court is received in connected Cr.A. No.3294 /2014.
Heard on I.A. No.2592 /2 0 1 5 , an application for suspension of awarded jail sentence and grant of bail to appellant Ghegha @ Haresingh.
The appellant has been convicted under Section 376 (2) (G) of IPC and sentenced to undergo rigorous imprisonment for 10 years and fine of Rs.2,000 /- , with default stipulation.
Learned counsel for the appellant submits that the appellant has been falsely implicated in the matter. It is further submitted by the learned counsel for the appellant that as per the admissions of the prosecutrix as well as the school teacher (PW-4) initially the prosecutrix stated only about the outraging of her modesty. The appellant was on bail during trial and has never misused the liberty granted to him.
He further submits that there is no likelihood of coming up of this appeal for final hearing in near future.
Learned Panel Lawyer for the State vehemently opposed the prayer for bail by filing an objection.
On due consideration of the facts and circumstances of the case and the nature of allegation, this application is allowed. Execution of awarded jail sentence of the appellant Ghegha @ Haresingh is suspended. He is directed to be enlarged on bail on furnishing a personal bond in the sum of Rs.30,000 /- (Rupees Thirty Thousand Only) with a surety bond in the like amount to the satisfaction of trial Court for his appearance before the Registry of this Court on 25th August, 2015 and on such other dates as may be fixed by the Registry of this Court in this regard.
It is made clear that the sentence of fine is not suspended.
List this case for final hearing in due course. C.C. as per rules.
However, the appellant could not furnish the bail and he has filed an application for extension of time. It was rejected. Hence appellant is in jail.
In view of the aforesaid facts, application is allowed. Hence, without expressing any opinion on merits of the matter, IA is allowed.
It is directed that on furnishing personal bond of Rs.25,000/- (Rs. Twenty five thousand only) along with one surety in the like amount to the satisfaction of the trial Court appellant be released on bail. He is further directed to appear before the Registry of this Court on 3.7.2017 and on such other dates as may be notified by the office in this regard till the disposal of this appeal.
C. C. as per rules.
(S.K. GANGELE) JUDGE kkc