Madhya Pradesh High Court
Das @ Premdas Gond vs The State Of Madhya Pradesh Judgement ... on 7 May, 2014
Criminal Appeal No. 2062/2012
7/05/2014
Shri D.N. Shukla, Advocate for the appellant.
Dr. Smt. A. Gyanani, PL for the respondent/State.
Heard on I.A. No. 8090/2014, second application for suspension of jail sentence and grant of bail to the appellant. The first application was dismissed vide order dated 13/02/2013 with the observation that it is not necessary to enter into merits of the question as to whether the conviction of appellant is justified or not.
Appellant has been convicted by the trial Court under section 376 of IPC and sentenced to undergo RI for 7 years & fine of Rs. 1,00,000/- with default stipulations.
Learned counsel for the appellant submits that trial Court failed to appreciate the evidence on record in its proper perspective. As per prosecution itself the prosecutrix was more than 16 years of age. She has not lodged the report just after the incident. She lodged the report when she became pregnant and carrying the six months womb. It is also came on record that prosecutrix lived with the appellant for about two months therefore, she was consenting party to the sexual intercourse. The appeal would take considerable time to dispose of finally, hence he prays for suspension of jail sentence and grant of bail to the appellant.
Learned counsel for the State opposes the application.
On due consideration of the facts and contentions raised by learned counsel for the parties alongwith the statements of prosecutrix and his brother Pannalal without commenting on merits, I am of the view that it is a fit case for suspension of jail sentence and grant of bail to appellant therefore, application is allowed.
Remaining jail sentence of appellant is hereby suspended and it is directed that he shall be released on bail subject to depositing the fine amount and furnishing a personal bond in the sum of Rs. 30,000/- (Rs. Thirty Thousand only) with one surety in the like amount to the satisfaction of trial Court for his appearance before the Registry of this Court on 10/11/2014 and on such subsequent dates as may be fixed by the registry in this regard, which shall not be less than the period of 6 months till final disposal of this appeal.
List the case for final hearing in due course.
Certified copy as per rules.
(G.S.Solanki) Judge navin