Madhya Pradesh High Court
Manish Chouhan vs The State Of Madhya Pradesh on 13 December, 2021
Author: Rajendra Kumar Srivastava
1 CRA-5329-2017
The High Court Of Madhya Pradesh
CRA No. 5329 of 2017
(MANISH CHOUHAN Vs THE STATE OF MADHYA PRADESH)
Jabalpur, Dated : 13-12-2021
Shri Ashish Sinha, Advocate for the appellant.
Shri Atul Dwivedi, Panel Lawyer for the respondent-State.
Heard on admission.
Appeal is admitted for hearing.
Heard on I.A.No. 17006/2021 (third application), filed by the
appellant under Section 389(1) of the Cr.P.C. for suspension of sentence
and grant of bail.
Accused/appellant has been convicted vide impugned judgment
dated 16/11/2017 passed by learned 1st Addl. Sessions Judge, Sehore,
district Sehore (M.P.) in S.T. No.19/2017 under Section 3(ka) read with
Section 4 of POCSO Act including Section 377 of IPC and has been
sentenced to undergo rigorous imprisonment for 7 years with fine of
Rs.12,000/-with default stipulations.
A s per prosecution story, on 17/01/2017, the appellant-accused
committed unnatural intercourse with the victim aged about 14 years.
Learned counsel for the appellant-accused submits that learned
trial Court committed grave error to convict and sentence to the
appellant/accused. Learned trial Court did not appreciate the evidence in
perspective way. The victim himself admitted this fact that there is old
enmity between both the parties, due to which, the appellant-accused has
falsely been implicated in this case. There are material contradictions
and omissions in the evidence of prosecution witnesses. The appellant-
accused is in custody since 09/01/2017, so he has served 4 years 19
months actual sentence out of 7 years and he has served 6 years 2 months
14 days sentence with remission. This appeal is of year 2017. It will
Signature Not Verified
SAN
Digitally signed by KUNDAN SHARMA
Date: 2021.12.14 11:11:26 IST
2 CRA-5329-2017
take time for final hearing. In support of his contention, learned counsel
for the appellant has relied upon the judgment passed by the Hon'ble
Supreme Court in the case of Saudan Singh Vs. State of Uttar Pradesh
in Special Leave to Appeal (Crl.) No. 4633/2021. It is opined by
Hon'ble the Apex Court that "there may be even convicts in custody in
cases other than life sentence cases and in those cases again the broad
parameter of 50 per cent of the actual sentence undergone can be the
basis for grant of bail." There is fair chance to succeed in the appeal.
Under these circumstances, if the sentence of the appellant/accused is not
suspended, purpose to file this appeal will be futile. Hence, prayer is
made for suspension of execution of jail sentence and grant of bail to the
present accused/appellant.
Learned counsel for the respondent-State opposes the same
submitting that the impugned judgment of conviction and order of
sentence is based on proper appreciation of oral as well as documentary
evidence and the appellant has committed grave offence. Therefore,
sentence of the appellant should not be suspended.
Hearing arguments of both the parties and the facts that the
appellant has served 6 years 2 months 14 days sentence out of 7 years,
the appellant-accused has already served half actual sentence out of 7
years, it is an admitted fact that there is old enmity between both the
parties, this appeal is of year 2017. It will take time for final hearing but
without commenting anything on the merits of the case, I.A.No.
17006/2021 is allowed.
It is ordered that subject to payment of fine amount, if not already
deposited, the execution of jail sentence of accused/appellant-Manish
Chouhan shall remain suspended during the pendency of this appeal and
he shall be released on bail on his furnishing personal bond for a sum of
Signature Not Verified
SAN
Rs.50,000/-(Rupees Fifty Thousand Only) with one solvent surety in
Digitally signed by KUNDAN SHARMA
Date: 2021.12.14 11:11:26 IST
3 CRA-5329-2017
the like amount to the satisfaction of the trial Court for his appearance
before the trial Court on 08.03.2022 and thereafter on all other such
subsequent dates, as may be fixed by the trial Court in this regard.
In case, accused/appellant is found absent on any date fixed by the
trial Court then the said Court shall be free to issue and execute warrant
of arrest without referring the matter to this Court, provided the Registry
of this Court is kept informed.
List this matter for final hearing in due course.
C.C. as per rules.
(RAJENDRA KUMAR SRIVASTAVA)
JUDGE
kundan
Signature Not Verified
SAN
Digitally signed by KUNDAN SHARMA
Date: 2021.12.14 11:11:26 IST
