Vijay @ Viju vs The State Of Madhya Pradesh
2021 Latest Caselaw 1708 MP

                                   1                                CRA-734-2021
         The High Court Of Madhya Pradesh
                    CRA-734-2021
                   (VIJAY @ VIJU Vs THE STATE OF MADHYA PRADESH)

5
Indore, Dated : 30-04-2021
       Heard through Video Conferencing.
       Shri Dharmendra Gurjar, Advocate for the appellant.
       Shri Amit Singh Sisodia, Govt. Advocate for the respondent/State.

Shri Dilip Gurjar, Advocate for the objector.

Heard on I.A. No.1169/2021 which is the first application for

suspension of sentence and grant of bail on behalf of the appellant.

The appellant has been convicted under Section 3/4 of the POCSO Act and sentenced to undergo R.I. for 20 years and fine of Rs.10,000/- with default stipulation vide judgment dated 21.1.2021 passed by Special Judge, Dewas in S.T. No.425/2019.

Shri Dharmendra Gurjar, learned counsel appearing for the appellant has argued that the prosecutrix (PW-2), her father Rajesh @ Raju Namdeo (PW-1) and mother Shobha Namdeo (PW-3) have turned hostile and have not supported the prosecution story. Learned counsel submits that the age of

the prosecutrix was 19 years at the time of incident and in fact the accused/appellant and the prosecutrix were having consensual relationship that eventually culminated into their marriage when the appellant was on bail during trial.

Learned Government has opposed the application. Having considered the rival submissions of the learned counsel for the parties, considering the material available on record and the facts and circumstances of the case and that the hearing of the appeal is likely to take time, but without expressing any opinion on the merits of the case, we are persuaded to allow the application I.A. No.1169/2021 and suspend the sentence awarded to the appellant.

It is directed that the remaining part of the jail sentence imposed upon 2 CRA-734-2021 the appellant - Vijay @ Viju, shall remain suspended and he shall be enlarged on bail upon his furnishing a personal bond in the sum of Rs.50,000/- (Fifty Thousand Only) with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Court.

The jail authorities shall have the appellant checked by the jail doctor to ensure that she is not suffering from the coronavirus and if she is, she shall be

sent to the nearest hospital designated by the State for treatment. If not, she shall be transported to her place of residence by the jail authorities.

Certified copy as per rules.

       (MOHAMMAD RAFIQ)                                  (ATUL SREEDHARAN)
        CHIEF JUSTICE                                              JUDGE


  Anchal
Digitally signed by
ANCHAL KHARE
Date: 2021.04.30
16:38:25 +05'30'