Sarpiya @ Sourabh vs State Of M.P.
2021 Latest Caselaw 4830 MP

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                                                                                        CRA No.96/2021

               High Court of Madhya Pradesh, Jabalpur
                           Bench at Indore
              Criminal Appeal No.96/2021
Indore, Dated 31.08.2021
         Shri Pankaj Ajmera, learned counsel for appellant Sarpiya @

Sourabh s/o Ramlal Barela.

         Shri Avdhesh Polekar, learned Panel Lawyer for the

respondent / State of Madhya Pradesh, on advance notice.

Heard on the question of admission.

Criminal appeal filed under Section 374 of the Code of

Criminal Procedure, 1973 is admitted for final hearing.

No separate notice is required to be issued to the respondent /

State.

Also heard on IA No.107/2021, first application under Section

389 (1) of the Code of Criminal Procedure, 1973 for suspension of

jail sentence and grant of bail filed on behalf of the appellant.

The present appellant has been convicted and sentenced by

learned 1st Additional Sessions Judge, Sendhwa, District Barwani

(MP) in Special Sessions Trial No.99/2018 vide judgment dated 27 th

September, 2019, as under: -

                  Conviction                              Sentence
     Section               Act          RI           Fine amount     Imprisonment in lieu of fine
   366r/w120-B             IPC        5 years        Rs.1,000/-          1 year additional RI
    376 (2) (N)            IPC        10 years       Rs.2,000/-         2 years additional RI
   344r/w 120-             IPC        3 years         Rs.500/-         6 months additional RI
        B
      506-II               IPC        2 years         Rs.500/-         6 months additional RI
   7 r/w 8          POCSO Act, 2012   4 years         Rs.500/-         4 months additional RI

                                                             CRA No.96/2021

Counsel for the appellant has submitted that the prosecutrix

was the consenting party and she has travelled along with the

appellant from State of Madhya Pradesh to State of Maharashtra and

Gujarat and recovered after fourteen days and she in her cross-

examination has clearly stated that she used to cook meal for the

appellant and for herself while they were travelling.

Counsel has further submitted that the appellant is in jail since

last around more than three years and the final disposal of the appeal

is likely to take sufficiently long time.

Thus, it is submitted that the application for suspension of jail

sentence be allowed and the appellant be released on bail.

Counsel for the respondent / State of Madhya Pradesh opposed

the application by submitting that no sufficient ground is made out

for releasing the appellant on bail; hence the application filed by the

appellant be dismissed.

Having considered the rival submissions and on perusal of the

record including the depositions of the prosecutrix, this Court finds

force with the contention raised by the learned counsel for the

appellant. In view of the same, this Court is of the considered

opinion that the application for suspension of custodial sentence

deserves to be allowed.

Accordingly, without expressing any opinion on merits of the

case, IA No.107/2021 is allowed and it is directed that on furnishing

CRA No.96/2021

a personal bond by the appellant in the sum of Rs.50,000/- (Rupees

fifty thousand only) with a solvent surety in the like amount to the

satisfaction of the learned trial Court, for his / her regular appearance

before concerned trial Court, the execution of the custodial part of

the sentence imposed against the appellant shall remain suspended,

till the final disposal of this appeal.

The appellant, after being enlarged on bail, shall mark his /

her presence before the concerned trial Court on 20.12.2021 and on

all such subsequent dates, as may be fixed by the concerned Court in

this regard.

Let the matter be listed for final hearing in due course.

C. c. as per rules.

(Subodh Abhyankar) Judge rcp

RAMESH CHANDRA PITHWE 2021.09.02 19:29:23 +05'30'