Ajay @ Annu vs The State Of Madhya Pradesh
2021 Latest Caselaw 8552 MP

                                                               1                              CRA-5337-2021

                                      The High Court Of Madhya Pradesh
                                               CRA No. 5337 of 2021
                                               (AJAY @ ANNU Vs THE STATE OF MADHYA PRADESH)


                                Indore, Dated : 09-12-2021

                                     Shri Hitesh Sharma, Counsel for the appellant.

                                     Shri Valmik Sakargay, Counsel for the State.
                                     Heard    on IA No.25934/2021, which is application for
                                condonation of delay. There is delay of 491 days in filing the
                                appeal.

                                     On due consideration of the reason assigned in the
                                application, I.A.No. 25934/2021 is allowed and delay in filing the
                                appeal is condoned.
                                     Appeal is admitted for final hearing.
                                     Also heard on I.A.No.24932/2021, an 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.
                                     T he present appellant has been convicted under sections
                                376(2)(n) and 506(II) of IPC and sentenced to undergo 10 years
                                and 7 years RI with fine of Rs.3,000/- respectively with default
                                stipulation by Special Judge, POCSO Act, Ujjain in Sessions trial
                                No.331/2016 vide judgment dated 23.08.2018.
                                     Learned counsel for appellant submits that prosecutrix was
                                major and was the consenting party. She has stated that she lived
                                with the appellant for 4 days and in cross-examination this fact
                                has reflected that she did not raise any alarm when she was
Signature Not Verified
  SAN                           travelling with the appellant in a public transport. Learned trial
Digitally signed by SMT MUKTA
KOUSHAL
Date: 2021.12.09 04:16:50 PST
                                                               2                         CRA-5337-2021
                                Judge has also not given considered opinion about the age of
                                prosecutrix. It is further submitted that appellant has already
                                undergone jail sentence of around       5 and half years and final
                                disposal of this appeal is likely to take sufficient long time. In
                                these circumstances, jail sentence of the appellant be suspended

                                and he be released on bail.
                                     Prayer is opposed by the counsel for the respondent/State.

Having perused the record and arguments advanced by counsel for the appellant, this Court is of the considered opinion that the application for suspension of custodial sentence deserves to be allowed.

Accordingly, without expressing any opinion on merits of the case, IA No.24932/2021 is allowed and it is directed that on depositing the fine amount and on furnishing personal bond by the appellant-Ajay @ Annu 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 presence before the concerned trial Court on 22.02.2022 and on all such subsequent dates, as may be fixed by the concerned Court in this regard.

List for final hearing in due course.

Signature Not Verified C. c. as per rules.

  SAN




Digitally signed by SMT MUKTA
KOUSHAL
Date: 2021.12.09 04:16:50 PST
                                 3              CRA-5337-2021
                                    (SUBODH ABHYANKAR)
                                        JUDGE




Signature Not Verified
  SAN




Digitally signed by SMT MUKTA
KOUSHAL
Date: 2021.12.09 04:16:50 PST