Rajesh Sonere vs The State Of Madhya Pradesh
2021 Latest Caselaw 8121 MP

                                                                               1                              CRA-5306-2021
                                                    The High Court Of Madhya Pradesh
                                                             CRA No. 5306 of 2021
                                                             (RAJESH SONERE Vs THE STATE OF MADHYA PRADESH)


                                            Indore, Dated : 02-12-2021
                                                  Shri Sanjay Joshi, learned counsel for the appellant.

                                                  Shri Sameer Verma, Panel Lawyer for respondent/State.

Heard on the question of admission.

Admit.

Also heard on I.A.No.24899/2021, which is an application for

suspension of jail sentence of the appellant who has been convicted by the 13th ASJ & Special Judge, (POCSO Act), Indore, vide judgment dt.26.8.2021, for commission of offence punishable under Section 366 of IPC, sentenced to undergo 1 year RI with fine of Rs.1000/- and under Section 376(2) of IPC, sentenced to undergo 10 years RI with fine of Rs.1000/-, with default stipulation on each count.

Learned counsel for the appellant submits that the prosecutrix was consenting party, which is apparent from her deposition recorded before the Court below. She has also been confronted with her agreement regarding

marriage. It is stated that the prosecutrix has stayed with the appellant around 10 days and even according to the case of the prosecution, her age is said to be 17 years 20 days, which is highly disputed by the appellant as the cogent document regarding her age has been placed on record except her mark- sheet. With the aforesaid, it is prayed that application for suspension of jail sentence be allowed.

Learned Panel Lawyer for the State has opposed the application for suspension of jail sentence and prays for its rejection.

On due consideration of the facts and circumstances of the case, without expressing any opinion on merits of the case, I.A.No.24899/2021 is allowed and it is directed that upon appellant's depositing the fine amount (if not already deposited) and on furnishing a personal bond to the tune of Rs.50,000/- with one solvent surety in the like amount to the satisfaction of Signature Not VerifiedDigitally signed by SAN SHAILESH MAHADEV SUKHDEVE Date: 2021.12.02 18:51:42 IST 2 CRA-5306-2021 the trial court, the substantive jail sentence of the appellant shall remain suspended till the final disposal of the appeal and he be released on bail, for his regular appearance before the Registry of this Court on 28.12.2021 and all the other subsequent dates, as may be fixed in this behalf by the Office.

List for final hearing in due course.

C.c. as per rules.

(SUBODH ABHYANKAR) JUDGE

SS/-

Signature Not Verified
              VerifiedDigitally
                       Digitally signed by
  SAN                  SHAILESH
                       MAHADEV
                       SUKHDEVE
                       Date: 2021.12.02
                       18:51:42 IST