Java vs The State Of Madhya Pradesh
2021 Latest Caselaw 8383 MP

 HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE
                         Criminal Appeal No.9690/2018
                    (Java S/o Mathura Parmar Vs. State of M. P.)
                                       -1-
Indore, dated 07/12/2021

         Shri Ashish Gupta, learned counsel for the appellant.

         Shri Sameer Verma, learned Panel Lawyer for the respondent /

State.

Heard on I.A.No.3943/2021, which is an application for suspension

of sentence of the appellant filed under Section 389(1) of the Cr.P.C. His

first application i.e. IA.No.9023/2018 was dismissed as withdrawn on

30/04/2019.

The appellant has been convicted and sentenced by I Additional

Sessions Judge, Jhabua (M.P.) in Sessions Trial No.91/2017 vide

judgment dated 30/11/2018, as under:-

             Conviction                        Sentence
          Section      Act     Imprisonment      Fine    Imprisonment
                                                of Rs.    in lieu of Fine
            363        IPC      03 Years RI    1,000/-     01 Month RI
            366        IPC      10 Years RI    1,000/-      01 Year RI
         376(2)(N)     IPC      10 Years RI    1,000/-      01 Year RI
           5-L/6     POCSO      10 Years RI    1,000/-      01 Year RI

Learned counsel for the appellant has submitted that the

prosecutrix was major at the time of incident and even according to the

prosecution her age was 17 years and 08 months. It is further

submitted that prosecutrix was also a consenting party as she resided

with the appellant for more than 01 month and in her deposition she

has also stated that appellant has left her at railway station while he

had gone to take tickets. It is further contended that the appellant is in

jail since 30/11/2018. He was on bail during the trial and he has never HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE Criminal Appeal No.9690/2018 (Java S/o Mathura Parmar Vs. State of M. P.)

misused the liberty granted to him. The appeal is not likely to be heard

at an early date and therefore, he be released on bail.

The prayer for suspension of sentence is opposed by the

learned counsel for the State.

On due consideration of submissions, perusal of the record,

taking note of the fact that the prosecutrix was a consenting party as

reveal from her statement and considering the period of incarceration,

this Court finds force with the contentions raised by the Counsel for the

present appellant to allow the application for suspension of custodial

sentence.

It is directed that upon depositing fine amount (if not already

deposited) 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: 2021.12.07 17:40:12 -08'00'