Lokesh vs The State Of Madhya Pradesh
2021 Latest Caselaw 8227 MP

1                                           Cr.A.No.2585-2019

     THE HIGH COURT OF MADHYA PRADESH, INDORE BENCH
                                 Cr.A.No.2585-2019
                 (Lokesh s/o Lalu Bilala vs. State of Madhya Pradesh)

Indore, Dated: 04.12.2021
            Shri Akash Rathi, learned counsel for the appellant.
            Shri Sameer Verma, learned Panel lawyer for the
respondent/State.

Shri Tarun Kushwah, learned counsel for the complainant. Record of the lower court is available.

Heard on I.A.No.27940/2021, which is the third application under Section 389(1) of the Cr.P.C. for suspension of jail sentence of the sole appellant-Lokesh. Appellant's earlier applications were dismissed by this Court as withdrawn.

The appellant has been convicted by the First Additional Sessions Judge Manawar, District-Dhar vide judgment dated 12.3.2019 passed in S.T. No.130/2016 and sentenced him as under:-

       Conviction                             Sentence
    Section       Act      Imprisonment          Fine         Imprisonment
                                                              in lieu of fine
      3,4       POCSO        7 Years RI          500/-          3 months RI
376(1)(i)         IPC        7 Years RI          500/-          3 months RI

Counsel for the appellant has submitted that the appellant has completed more than two years and ten months, out of 07 years imprisonment. It is further submitted that the prosecutrix was major at the time of the incident and she was a consenting party as no cogent material is available on record regarding her age. It is submitted that in the cross-examination,the prosecutrix was resided with the appellant in the presence of the other labourers also and had never raised any alarm. Counsel has further submitted that the final hearing of the appeal is likely to

take a long time. In such circumstances, it is submitted that the application be allowed and the jail sentence of the appellant be suspended.

Counsel for the objector has submitted that an application for compromise has been filed by the prosecutrix and she has no objection if the application for suspension is allowed.

Counsel for the respondent/State has opposed the prayer. On considering the aforesaid submissions, on perusal of the record including the statements of the prosecutrix, this Court finds forced with the contention raised by the counsel for the appellant, it would be expedient to suspend the jail sentence of the appellant. Accordingly, the application I.A.No.27940/2021 is allowed.

It is directed that on furnishing a personal bond by the appellant in the sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with a solvent surety in the like amount to the satisfaction of the learned trial Court, for his 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 presence before the concerned trial Court on 20.1.2022 and on all such subsequent dates, as may be fixed by the concerned Court in this regard.

Certified copy, as per rules.

(SUBODH ABHYANKAR ) JUDGE moni

Digitally signed by MONI RAJU Date: 2021.12.04 15:30:05 +05'30'