Sanjay vs The State Of Madhya Pradesh
2021 Latest Caselaw 8124 MP

                                                                               1                              CRA-2285-2021
                                                    The High Court Of Madhya Pradesh
                                                             CRA No. 2285 of 2021
                                                                 (SANJAY Vs THE STATE OF MADHYA PRADESH)


                                            Indore, Dated : 02-12-2021
                                                  Shri A. Chouhan, learned counsel for the appellant.

                                                  Shri Sameer Verma, Panel Lawyer for respondent/State.

Heard on I.A.No.24161/2021, which is an application for suspension of jail sentence of the appellant who has been convicted by the Special Judge, POCSO Act, Mandleshwar (West Neemar) vide judgment dt.24.2.2021, for

commission of offence punishable under Section 366 of IPC, sentenced to undergo 5 years RI with fine of Rs.3000/-, under Section 323 of IPC, sentenced to undergo 1 year RI with fine of Rs.2000/- and under Section 5(L)/6 of POCSO Act, sentenced to undergo 10 years RI with fine of Rs.5000/-, with default stipulation on each count.

Learned counsel for the appellant submits that prosecutrix (PW.1) was consenting party, which is apparent to the fact that she has stayed with the appellant for more than 1 month and her age is even according to the case of the prosecution is 17 years and 5 months whereas, the appellant has disputed

this fact regarding age, as according to the appellant she was more than 18 years of age at the time of incident and only a mark-sheet has been proved in the trial Court and the prosecutrix's parents have also not been examined. With the aforesaid, it is prayed that application for suspension of jail sentence of the appellant be allowed.

Per contra, 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.24161/2021 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 the trial Court, the substantive jail sentence of the appellant shall remain Signature Not VerifiedDigitally signed by SAN SHAILESH MAHADEV SUKHDEVE Date: 2021.12.02 18:51:37 IST 2 CRA-2285-2021 suspended till the final disposal of the appeal and he shall be released on bail, for his regular appearance before the Registry of this Court on 28.12.2021 and all 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
                       18:51:37 IST