Omprakash vs The State Of Madhya Pradesh
2021 Latest Caselaw 9187 MP

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                                                                            CRA No.1595/2021

              High Court of Madhya Pradesh, Jabalpur
                          Bench at Indore
            Criminal Appeal No.1595/2021
Indore, Dated 30.12.2021
       Shri Manish Yadav, learned counsel for appellant Omprakash

s/o Madanlal.

       Shri Sameer Verma, learned Panel Lawyer for the respondent /

State of Madhya Pradesh.

Shri Ashok Kumar Joshi, learned counsel for the objector /

complainant.

Heard on the question of admission.

Criminal appeal filed under Section 374 of the Code of

Criminal Procedure, 1973 is admitted for final hearing.

Also heard on IA No.12845/2021, first 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.

The present appellant has been convicted and sentenced by

learned Special Judge (under POCSO Act, 2012), Ratlam, District

Ratlam (MP) in Special Sessions Trial No.SC/100128/2015 vide

judgment dated 19th February, 2021, as under: -

              Conviction                          Sentence
    Section        Act       RI        Fine        Imprisonment in lieu of fine
                                      amount
     366           IPC     4 years   Rs.2,000/-              6 months RI
     376           IPC     7 years   Rs.3,000/-              6 months RI
    3 r/w 4    POSCO Act   7 years   Rs.3,000/-              6 months RI

                                                           CRA No.1595/2021

Counsel for the appellant has submitted that the prosecutrix

was a consenting party and was major at the time of incident. Her

consent is also reflected from her deposition recorded under Section

164 of the Cr.P.C. wherein she has given a clean-chit to the appellant

and in her statement recorded before the trial Court, there are no

omissions and contradictions. It is further submitted that the

prosecutrix resided with the appellant for a period of one and half

months and has never raised any objection and complainted it to any

other person.

It is also submitted that the prosecutrix has no objection if the

application of the appellant is allowed and he is released on bail.

Her affidavit is also placed on record.

Counsel for the objector / complainant has also submitted that

he has no objection if the suspension application of the appellant is

allowed. Affidavit of the prosecutrix is also placed on record.

Counsel for the respondent / State of Madhya Pradesh, on the

other hand, opposed the application.

Having considered the rival submissions and on perusal of the

record including the statement of the prosecutrix and her statement

under Section 164 of the Cr.P.C., this Court finds force with the

contentions raised by the counsel for the appellant.

Accordingly, without expressing any opinion on merits of the

case, IA No.12845/2021 is allowed and it is directed that on

CRA No.1595/2021

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 /

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 /

her presence before the concerned trial Court on 11.04.2022 and on

all such subsequent dates, as may be fixed by the concerned Court in

this regard.

C. c. as per rules.

(Subodh Abhyankar) Vacation Judge rcp

RAMESH CHANDRA PITHWE 2021.12.30 18:11:44 +05'30'