Deepak vs The State Of Madhya Pradesh
2021 Latest Caselaw 8213 MP

                                                                                   1                               CRA-1608-2021
                                                      The High Court Of Madhya Pradesh
                                                               CRA No. 1608 of 2021

(DEEPAK Vs THE STATE OF MADHYA PRADESH)

Indore, Dated : 04-12-2021 Shri M.A. Bohra, learned counsel for the appellant.

Shri S. Verma, Panel Lawyer for State.

Heard on the question of admission.

Admit.

Also heard on I.A.No.4916/2021, which is an application for suspension of jail sentence of the appellant who has been convicted by the 3rd ASJ to 1st ASJ,

Rajgarh (Biaora) vide judgment dt.12.2.2021, for commission of offence punishable under Section 5(N)/6 of POCSO Act, 2012and has sentenced the appellant to undergo 10 years RI with fine of Rs.5000/- with default clause.

On perusal of the statement of Dr. Akansha Singh (PW7) who has stated that the hymen of the prosecutrix was intact and also considering the statement of the prosecutrix (PW2) who has turned hostile, the application for suspension of jail sentence of the appellant deserves to be allowed.

On due consideration of the facts and circumstances of the case, I.A.No.4916/2021 is allowed and it is directed that on depositing the fine amount (if not already deposited) and upon 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 suspended till the final disposal of the appeal and he shall be released on bail for his appearance before the Registry of this Court on 27.1.2022 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/-

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                       MAHADEV
                       SUKHDEVE
                       Date: 2021.12.06
                       18:13:28 IST