SARWAN Vs. STATE OF M P

JUDGEMENT

(1.) Heard on admission. Also heard on I.A. No.3963/2014, which is an application for grant of suspension of sentence regarding appellant Sarvan. Counsel for the appellant has vehemently urged the fact that it was case of false implication. Counsel submitted that the appellant has full chance of success in the appeal. Counsel further submitted that there was not an iota of evidence on record to implicate the appellant. Besides the fact that the FIR was delayed by two days and there was previous enmity between the parties due to agricultural disputes. Moreover Counsel submitted that there were four children sleeping near the prosecutrix at the time of the incident as alleged by the prosecutrix and it is highly unnatural under the circumstances. Counsel prayed that the application be allowed since hearing of the appeal is likely to take a long time.

(2.) Counsel for the respondent/State, on the other hand, has opposed the submissions put forth by the Counsel for the appellant. He has however, candidly admitted the fact that P 4 Dr. Rathi had not given any definite opinion .W. regarding the rape. Counsel prayed for dismissal of the application. On considering the above submission, the impugned judgment and looking to the fact that the appeal is likely to take a long time, I find that application I.A. No.3963/2014 needs to be allowed in the interest of justice and it is hereby allowed.

(3.) It is directed that appellant be released on bail subject to his having paid the fine amount, if any, and on furnishing a personal bond of Rs.25,000/(Rupees Twenty five thousand only) with one surety in the like amount to the satisfaction of the trial Court for his appearance before this Court/Registry on 28/7/2014 and on such subsequent dates as may be fixed in this behalf by the office. In the meanwhile, the substantive portion of the jail sentence shall remain suspended till hearing of the appeal. C.c. as per rules.