Arvind @ Gilla @ Ranu Thakur (Gond) vs The State Of Madhya Pradesh
2021 Latest Caselaw 8057 MP

                                                                       1                              CRA-5938-2021
                                           The High Court Of Madhya Pradesh
                                                    CRA No. 5938 of 2021
                                          (ARVIND @ GILLA @ RANU THAKUR (GOND) Vs THE STATE OF MADHYA PRADESH)


                                   Jabalpur, Dated : 01-12-2021
                                         Shri P.S. Baghel, Advocate for the appellant.

                                         Shri Sanjeev Singh Parihar, Panel Lawyer for the respondent-State.

Record of the court below is available on record. Appeal is admitted for hearing.

Heard on I.A.No.18050/2021, which is first application filed by

the accused/appellant, under section 389 (1) of Cr.P.C. for suspension of his jail sentence awarded by the Court of Special Judge, POCSO Act, Jabalpur, District Jabalpur (MP), vide its judgment dated 18.08.2021 convicting the appellant/accused for offence punishable under Section 354 of the IPC, he is sentenced to undergo RI for 3 years with fine of Rs.500/-, offence punishable under Section 7/8 of POCSO Act, he is sentenced to undergo RI for 3 years with fine of Rs. 500/-, offence punishable under Section11(i) read with Section 12 of POCSO Act, he is sentenced to undergo RI for 1 year with fine of Rs. 200/- and offence

punishable under Section 11(iv) read with Section 12 of POCSO Act, he is sentenced to undergo RI for 1 year with fine of Rs. 200/- with default stipulation.

A s per prosecution case, appellant/accused used to chase the prosecutrix aged about 16 years 5 months. Thereafter, appellant/accused caught her hand then she lodged the report.

Learned counsel for the accused/appellant submits that learned trial Court committed grave error in convicting and sentencing the accused/appellant. Actually, some dispute arose between appellant/accused and prosecutrix then appellant/accused slapped her due to this appellant/accused has falsely been implicated in this case.

Signature Not Verified
  SAN




Digitally signed by ROSHNI SINGH
Date: 2021.12.01 17:00:36 IST
                                                                    2                            CRA-5938-2021

FIR was lodged inordinate delay. There are material contradictions and

omissions in the statement of the witnesses. Appellant/accused has served the almost half sentence. This appeal is year 2021. Trial will take time to conclude the same. Appellant/accused is in since 26.02.2020. There is fair chance to succeed in the appeal. There is no likelihood of

his absconding and tampering with the evidence. Under the circumstances, if the execution of jail sentence of the appellant is not suspended, his right to file appeal will be futile. Hence, prayer is made for suspension of jail sentence and grant of bail of present accused/ appellant.

Learned Panel Lawyer has opposed the application. Having considered the arguments advanced by learned counsel for t h e parties and the fact that the appellant/accused is in jail since 26.02.2020, so he has served the almost half jail sentence, this appeal is of year 2021, final hearing of this appeal will take time, but without commenting anything on the merit of the case, the said I.A. is allowed.

It is ordered that subject to payment of fine amount, if not already deposited, the execution of jail sentence of the Arvind @ Gilla @ Ranu Thakur shall remain suspended during the pendency of this appeal and he be released on bail on his furnishing a personal bond for a sum of Rs.50,000/-(Rupees Fifty Thousand Only) with one solvent surety in the amount of Rs. 50,000/- to the satisfaction of the trial Court for his appearance before the trial court on 10.1.2022 and thereafter on all other such subsequent dates, as may be fixed by the trial court in this regard.

In case, the appellant is found absent on any date fixed by the trial court then the said court shall be free to issue and execute warrant of arrest without referring the matter to this Court, provided the Registry of Signature Not Verified SAN this Court is kept informed.

Digitally signed by ROSHNI SINGH Date: 2021.12.01 17:00:36 IST 3 CRA-5938-2021

List this matter for final hearing in due course, as per listing policy. C.C. as per rules.

(RAJENDRA KUMAR SRIVASTAVA) JUDGE

R

Signature Not Verified SAN

Digitally signed by ROSHNI SINGH Date: 2021.12.01 17:00:36 IST