Balram vs State Of Madhya Pradesh
2021 Latest Caselaw 8229 MP

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                                                                                         CRA No.7469/2018

               High Court of Madhya Pradesh, Jabalpur
                           Bench at Indore
            Criminal Appeal No.7469/2018
Indore, Dated 04.12.2021
         Shri Surendra Kumar Gupta, learned counsel for appellant

Balram s/o Sitaram Mandloi.

         Shri Sameer Verma, learned Panel Lawyer for the respondent /

State of Madhya Pradesh.

Heard on IA No.8096/2019, repeat (second) application under

Section 389 (1) of the Code of Criminal Procedure, 1973 for

suspension of jail sentence and grant of bail filed on behalf of the

appellant.

The present appellant has been convicted and sentenced by

learned Special Judge (under POCSO Act, 2012) Indore, District

Indore (MP) in Special Sessions Trial No.88/2016 vide judgment

dated 10.09.2018, as under: -

                 Conviction                                   Sentence
     Section              Act                 RI        Fine amount      Imprisonment in lieu of fine
   376 (2) (n)   IPC               10 years            Rs.1,000/-        5 months RI
   5 (L) / 6     POCSO Act, 2012   10 years            Rs.1,000/-        5 months RI

Counsel for the appellant has submitted that the prosecutrix

was more than seventeen years old and was a consenting party.

Regarding her age, it is submitted that no cogent evidence has been

placed on record by the prosecution to prove that the prosecutrix was

less than eighteen years old at the time of incident. It is further

submitted that her cross examination clearly reveals that she was a

CRA No.7469/2018

consenting party.

Counsel has submitted that the application be allowed, as the

final disposal of the appeal is likely to sufficiently long time.

Counsel for the respondent / State, on the other hand, has

opposed the prayer.

On due consideration of the rival submissions and on perusal

of the record including the statement of the prosecutrix, this Court

finds force with the contentions raised by the learned counsel for the

appellant and in the considered opinion of this Court, the appellant

has made out a case for grant of suspension of jail sentence.

Accordingly, without expressing any opinion on merits of the

case, IA No.8096/2019 is allowed and it is directed that upon

depositing fine amount, if any, and on furnishing a personal bond by

the appellant in the sum of Rs.50,000/- (Rupees fifty thousand

only) with a solvent surety in the like amount to the satisfaction of

the learned trial Court, for his / her 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 /

her presence before the concerned trial Court on 20.04.2022 and on

all such subsequent dates, as may be fixed by the concerned Court in

this regard.

CRA No.7469/2018

It is also observed that if the appellant (s) is found in any of

the criminal activities, after his release on bail / suspension of

sentence, then the present bail / suspension order shall stand

cancelled without further reference to this Court; and the State /

prosecution will be free to arrest the accused in the present case also.

Let the matter be listed for final hearing in due course.

C. c. as per rules.

(Subodh Abhyankar) Judge rcp

RAMESH CHANDRA PITHWE 2021.12.04 14:05:42 +05'30'