Jaylal @ Jagga Kol Vs. the State of Madhya Pradesh Judgement Given By: Hon'ble Shri Justice G.S. Solanki - Court Judgment

SooperKanoon Citationsooperkanoon.com/1131107
CourtMadhya Pradesh High Court
Decided OnMar-03-2014
AppellantJaylal @ Jagga Kol
RespondentThe State of Madhya Pradesh Judgement Given By: Hon'ble Shri Justice G.S. Solanki
Excerpt:
criminal appeal no.832/2013 3/03/2014 shri s.k.tiwari, advocate for the appellant. shri santosh yadav, pl for the respondent/state. heard on i.a.no.111/14, second application for suspension of jail sentence and grant of bail to the appellant. the firs.application was dismissed as withdrawn vide order dated 28/06/2013. appellant has been convicted by the trial court under sections 366, 376 of ipc and sentenced to undergo ri for 5 years & fine of rs.500/-, ri for 7 years & fine of rs.500/- with default stipulations. learned counsel for the appellant submits that trial court failed to appreciate the evidence on record in its proper perspective. it is further submitted that prosecutrix was more than 16 years of age. though, mark sheet has been filed by the prosecution but no other evidence in support of aforesaid mark sheet has been produced. the mother of the prosecutrix admitted in her cross examination that her marriage was solemnized before 25-26 years and after 5-6 years prosecutrix was born, in these circumstances, prosecutrix was more than 16 years of age. she has not made any complaint to anyone when she travelled with appellant from one place to another place. 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 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 the 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 24th of july, 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
Judgment:

Criminal Appeal No.832/2013 3/03/2014 Shri S.K.Tiwari, Advocate for the appellant.

Shri Santosh Yadav, PL for the respondent/State.

Heard on I.A.No.111/14, second application for suspension of jail sentence and grant of bail to the appellant.

The fiRs.application was dismissed as withdrawn vide order dated 28/06/2013.

Appellant has been convicted by the trial Court under sections 366, 376 of IPC and sentenced to undergo RI for 5 years & fine of Rs.500/-, RI for 7 years & fine of Rs.500/- with default stipulations.

Learned counsel for the appellant submits that trial Court failed to appreciate the evidence on record in its proper perspective.

It is further submitted that prosecutrix was more than 16 years of age.

Though, mark sheet has been filed by the prosecution but no other evidence in support of aforesaid mark sheet has been produced.

The mother of the prosecutrix admitted in her cross examination that her marriage was solemnized before 25-26 years and after 5-6 years prosecutrix was born, in these circumstances, prosecutrix was more than 16 years of age.

She has not made any complaint to anyone when she travelled with appellant from one place to another place.

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 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 the 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 24th of July, 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