Deepak vs The State Of Madhya Pradesh
2021 Latest Caselaw 8553 MP

                                                                  1                                 CRA-5921-2021
                                         The High Court Of Madhya Pradesh
                                                  CRA No. 5921 of 2021
                                               (DEEPAK Vs THE STATE OF MADHYA PRADESH AND OTHERS)


                                Indore, Dated : 09-12-2021

                                        Shri Manish Yadav, Counsel for the appellant-Deepak.

                                        Shri Sameer Verma, Counsel for the respondent/State.

Appeal is admitted for hearing.

Heard on IA No.27021/2021, 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 363, 366 and 376(2)(n) of IPC and sentenced to undergo 7 years RI, 7 years RI and 10 years RI with fine of Rs.1,000/- in each case respectively with default stipulation by Special Judge, POCSO Act, Ujjain in Sessions trial No.164/2019 vide judgment dated 13.09.2021.

Learned counsel for appellant submits that prosecutrix was major and was the consenting party. She has resided with the appellant in a hotel for 8 days and during this period she never complained about the incident to any other person. It is further submitted that according to learned trial Judge the age of the prosecutrix is above 17 years, however only scholar register has been filed on record to prove her age. Final hearing 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.

Signature Not Verified SAN Prayer is opposed by the counsel for the respondent/State.

Digitally signed by SMT MUKTA KOUSHAL Date: 2021.12.09 04:16:51 PST 2 CRA-5921-2021 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.27021/2021 is allowed and it is directed that on depositing the fine amount and on furnishing 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 / 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.C. c. as per rules.

(SUBODH ABHYANKAR) JUDGE

MK

Signature Not Verified SAN

Digitally signed by SMT MUKTA KOUSHAL Date: 2021.12.09 04:16:51 PST