Madhya Pradesh High Court
Raj Kol @ Kailash Kol vs The State Of Madhya Pradesh on 13 August, 2014
Criminal Appeal No.1478/2014
13.08
.2014:
Shri Pushpraj Singh, Advocate for the appellant.
Shri R.K. Kesharwani, Panel Lawyer for the
respondentState.
Heard on I.A. No.10472/2014, an application for suspension of sentence and grant of bail on behalf of the appellant.
The appellant has been convicted under Section 376 (2) (g) of IPC and sentenced to undergo rigorous imprisonment of 10 years and Rs.5,000/, with default stipulation.
Learned counsel for the appellant submits that the appellant has been falsely implicated in the matter. It is further submitted that the prosecutrix is a major girl and has never complained anywhere while visiting at various places with the appellant, hence, is a consenting party. There are material contradiction and omission in the statement of prosecution witnesses. The appellant is in jail since the date of his arrest. He also submits that there is no likelihood of coming up of this appeal for final hearing in near future.
Learned Panel Lawyer for the State opposes the prayer for suspension of sentence and grant of bail.
On due consideration of the facts and circumstances of the case and the nature of allegation, this application is allowed. Execution of jail sentence of the appellant Raj Kol @ Kailash Kol 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) and a surety bond in the like amount to the satisfaction of trial Court for his appearance before the Registry of this Court on 6th April, 2015 and on such other dates as may be fixed by the Registry 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.
(SUBHASH KAKADE) JUDGE taj/-