Makhan @ Sukhai vs The State Of Madhya Pradesh
2021 Latest Caselaw 1593 MP

          HIGH COURT OF MADHYA PRADESH,
                BENCH AT GWALIOR
                         Cr.A. No.220/2016
                 (Makhan @ Sukhai Vs. State of M.P.)
                                  (1)

Gwalior, dated : 27.04.2021

      Heard through Video Conferencing.

      Shri Umesh Kumar Bohar, Advocate for the appellant.

      Smt. Kalpana Parmar, Panel Lawyer for the respondent/State.

I.A. No.10899/2021, third application for suspension of

sentence and grant of bail to the appellant.

This appeal has been preferred against the judgment dated

08.02.2016 passed by First Additional Sessions Judge to First

Additional Session Judge, Bhind (M.P.) in S.T. No.432/2015,

whereby appellant has been convicted for the offence under Sections

366-A, 376(2) of IPC and sentenced to undergo R.I. for three year

with fine of Rs.1,000/-, and under Section 5(m) of POCSO Act and

sentenced to undergo R.I. for ten year with fine of Rs.5000/- with

default stipulations.

Prosecution story found to be proved against the appellant is

that on 23.11.2015 at about 3.30 the appellant has committed rape

with the prosecutrix.

It is mentioned in the application that the appellant has been

wrongly convicted. It is further mentioned that during trial the

appellant was on bail and he did not misuse the liberty granted to

him. The appellant has suffered more than five years of

incarceration. The appellant has also deposited the fine amount. It is

also submitted that there are fair chances of success of this appeal HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR Cr.A. No.220/2016 (Makhan @ Sukhai Vs. State of M.P.)

and the appeal may take long time for its conclusion and the

appellant cannot be kept in custody for an unlimited period. Under

these circumstances, the execution of sentence be suspended and the

appellant be released on bail.

On the other hand, learned Panel Lawyer appearing on behalf

of the respondent/State opposes the bail application. It is further

submitted that the offence has been committed with the prosecutrix,

who is aged about 5 years only. On such grounds, she prays for

rejection of application.

An early hearing of this case is not possible. Taking into

consideration the overall facts and circumstances of the case, the I.A.

is allowed.

It is, therefore, directed that if appellant deposits the entire fine

amount, if not already deposited, and furnish a personal bond in the

sum of Rs.50,000/-(Rupees fifty thousand) with one local surety of

the like amount to the satisfaction of trial Court for his appearance

before the Registry of this Court on 25th August, 2021 and on such

subsequent dates as may be fixed in this regard, sentence of

imprisonment awarded to him shall remain suspended till further

orders and he shall be released on bail. The appellant shall also

furnish a written undertaking that he will abide by the terms and

conditions of various circulars, as well as, orders issued by the

Central Government, State Government and local administration HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR Cr.A. No.220/2016 (Makhan @ Sukhai Vs. State of M.P.)

from time to time such as maintaining social distancing, physical

distancing, hygiene etc. to avoid proliferation of Corona virus.

List this case for final hearing in due course.

A copy of this order be sent to the trial Court concerned for

compliance.

Certified copy as per rules.

(S.A.Dharmadhikari) Judge Shanu Digitally signed by SHANU RAIKWAR Date: 2021.04.27 19:02:01 +05'30'