Jitendra vs State Of M.P.
2021 Latest Caselaw 8230 MP

1                                         Cr.A.No.2648-2020

     THE HIGH COURT OF MADHYA PRADESH, INDORE BENCH
                               Cr.A.No.2648-2020
           (Jitendra s/o Shri Bhadar Singar vs. State of Madhya Pradesh)

Indore, Dated: 04.12.2021
         Shri O.P. Solanki, learned counsel for the appellant.
         Shri Sameer Verma, learned Panel lawyer for the
respondent/State.

Record of the lower court is available.

Heard on I.A.No.28383/2021, which is the first application under Section 389(1) of the Cr.P.C. for suspension of jail sentence of the sole appellant-Jitendra.

The appellant has been convicted by the Additional Sessions Judge, Badnawar, District-Dhar vide judgment dated 23.12.2019 passed in Special Case No.2/2019 and sentenced him as under:-

       Conviction                           Sentence
    Section      Act      Imprisonment          Fine        Imprisonment
                                                            in lieu of fine
     363         IPC       5 Years RI          1,000/-        1 month RI
     366         IPC       5 Years RI          2,000/-        2 months RI
     5/6       POCSO       10 Years RI         5,000/-        3 months RI

Counsel for the appellant has submitted that even according to the prosecution, the age of the prosecutrix was 17 years 4 four months and 16 days which is also disputed by the appellant, as according to him, 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. 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 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.28383/2021 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 15:33:39 +05'30'