Muka @ Mukesh vs The State Of Madhya Pradesh
2021 Latest Caselaw 8318 MP

 HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE
                         Criminal Appeal No.703/2021
              (Muka @ Mukesh S/o Fagu Bhuriya Vs. State of M. P.)
                                     -1-

Indore, dated 06/12/2021

         Shri Yashopal Rathore, learned counsel for the appellant.

         Shri D. S. Chouhan, learned Panel Lawyer for the respondent /

State.

Heard on I.A.No.1114/2021, which is an application for

suspension of sentence of the appellant filed under Section 389(1) of

the Cr.P.C.

The appellant has been convicted and sentenced by I Additional

Sessions Judge, Jhabua (M.P.) in Sessions Trial No.222/2016 vide

judgment dated 15/01/2018, as under:-

              Conviction                      Sentence
          Section        Act   Imprisonment     Fine     Imprisonment
                                                         in lieu of Fine
            363        IPC       03 Years      1,000/-    1 Month RI
            366        IPC       10 Years      1,000/-     1 Year RI
          376(2)(n)    IPC       10 Years      1,000/-     1 Year RI
            5-L/6     POCSO      10 Years      1,000/-     1 Year RI

Learned counsel for the appellant submitted that prosecutrix (PW-1)

has resided with the appellant for 27 days and regarding her age only

Aadhar Card has been produced. Counsel has disputed the age of the

prosecutrix to be less than 16 years. Counsel has further submitted that the

appeal is not likely to be heard at an early date and looking to the facts and

circumstances of the case, he be released on bail.

The prayer for suspension of sentence is opposed by the learned

counsel for the State.

Having considered the rival submissions, perusal of the record and HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE Criminal Appeal No.703/2021 (Muka @ Mukesh S/o Fagu Bhuriya Vs. State of M. P.)

taking note of the deposition of the prosecutrix and also the fact that in

support of age of the prosecutrix, apart from the Aadhar Card, no other

cogent evidence is placed on record and the appeal is not likely to be heard

at an early date, without expressing any opinion on merits of the case, IA

No.1114/2021 is allowed and it is directed that upon depositing fine amount

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 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 07/02/2022 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 Tej Digitally signed by TEJPRAKASH VYAS Date: 2021.12.06 17:23:02 -08'00'