Bhimsingh vs The State Of Madhya Pradesh
2021 Latest Caselaw 8235 MP

                                                                              1                              CRA-3596-2021
                                                    The High Court Of Madhya Pradesh
                                                             CRA No. 3596 of 2021

(BHIMSINGH Vs THE STATE OF MADHYA PRADESH)

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

Shri P. Choudhary, Panel Lawyer for State. Heard on the question of admission.

Admit.

Also heard on I.A.No.15564 of 2021, which is an application for

suspension of jail sentence of the appellant who has been convicted by the Special Judge (POCSO) Act, Dharampur, district Dhar, vide judgment 5.4.2021, for commission of offence punishable under Section 376(2)(n) of IPC, sentenced to undergo 10 years RI with fine of Rs.5000/-, under Section 506 of IPC, sentenced to undergo 1 year RI with fine of Rs.2000/- and under Section 3/4 of POCSO Act, sentenced to undergo 7 years RI with fine of Rs.5000/-, with default stipulation on each count.

Learned counsel for the appellant submits that the prosecutrix was major at the time of incident; she was consenting party; she stayed with the

appellant for a period of 3 days and the FIR has also been lodged after a period of 3 days and there is no missing person's report lodged by her father. Regarding her age only scholar register has been filed, which does not prove the age of the prosecutrix positively 18 years. With the aforesaid, it is prayed that application for suspension of sentence be allowed.

On the other hand, learned Panel Lawyer for the State opposed the application for suspension of sentence and prayed 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.15564 of 2021 is allowed and it is directed that on depositing the fine amount (if not already paid) 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 suspended till the final Signature Not VerifiedDigitally signed by SAN SHAILESH MAHADEV SUKHDEVE Date: 2021.12.04 16:07:42 IST 2 CRA-3596-2021 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/Registry.

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: 2021.12.04
                       16:07:42 IST