Sunni Soni vs The State Of Madhya Pradesh
2021 Latest Caselaw 2897 MP

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                                                                                       CRA No.443/2019

              High Court of Madhya Pradesh, Jabalpur
                          Bench at Indore
             Criminal Appeal No.443/2019
Indore, Dated 01.07.2021
         Hearing through Video Conferencing.

         Shri Vivek Singh, learned counsel for appellant Sunny Soni s/o

Vinod Soni.

         Shri Vijay Kumar Nagpal, learned Panel Lawyer for the

respondent / State of Madhya Pradesh.

Heard on IA No.2083/2021, a repeat (fourth) 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

appellant Sunny Soni s/o Vinod Soni.

The present appellant has been convicted and sentenced by

learned 10th Additional Sessions Judge Ujjain, District Ujjain (MP) in

Sessions Trial No.217/2017 vide judgment dated 03.01.2019, as

under: -

              Conviction                                   Sentence
    Section            Act                 RI        Fine amount      Imprisonment in lieu of fine
   363         IPC              4 years             Rs.2,000/-        2 months RI
   366 (A)     IPC              5 years             Rs.3,000/-        4 months RI
   5L r/w 6    POCSO Act        10 years            Rs.5,000/-        6 months RI

Counsel for the appellant has submitted that the earlier

applications (IA No.953/2019, IA No.8580/2019 and IA

No.5184/2020) for suspension of jail sentence of the appellant have

already been dismissed by this Court on 10.04.2019, 06.11.2019 and

21.09.2020 respectively.

CRA No.443/2019

Counsel for the appellant has submitted that the appellant was

arrested on 13.01.2017 and remained in custody from 14.01.2017 to

20.01.2017 (for a period of 7 days) and thereafter he is in jail from

the date of the impugned judgment (i.e. 03.01.2019) and earlier also

he was on bail during the trial; and thus he has already completed

two years and six months in incarceration.

Counsel has further submitted that the appellant has been

falsely implicated in the present case at the instance of the family

members of the prosecutrix, which is also apparent from her

deposition as also her statement recorded under Section 164 of the

Code of Criminal Procedure, which has been proved as Ex.P/19

wherein she has stated that she has been forced by her parents to

lodge false report whereas the appellant has not committed any

wrong act with her.

Counsel has submitted that even otherwise, the age of the

prosecutrix is highly disputed, as admitted in para 13 of her mother.

Smt. Janibai (PW-2) mother of the prosecutrix has clearly admitted

that she had gone to the school of the prosecutrix along with her

brother-in-law (nsoj) whereas the school admission form was filled

in by her brother-in-law Ashish; and she has also admitted that she

has not given any birth certificate of the prosecutrix to the Police. It

is also submitted that the final disposal of the appeal is likely to take

sufficiently long time. Thus, it is submitted that the appellant is

CRA No.443/2019

innocent, his remaining jail sentence be suspended and he be

released on bail.

Counsel for the respondent / State, on the other hand, has

opposed the prayer.

On due consideration of the rival submissions and on perusal

of the record as also the impugned judgment and taking note of the

the fact that final disposal of the appeal is likely to take sufficiently

long time, this Court finds force with the contention raised by the

counsel for the appellant and thus taking note of the deposition of the

prosecutrix (PW-1) as also (PW-2) her mother Janibai, it would be

expedient to allow the present application for grant of suspension of

jail sentence.

Accordingly, without expressing any opinion on merits of the

case, IA No.2083/2021 is allowed and it is directed that upon

depositing fine amount, if any, 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 / 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 10.01.2022 and on

CRA No.443/2019

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

this regard.

It is also observed that if the appellant (s) is found in any of

the criminal activities, after his release on bail / suspension of

sentence, then the present bail / suspension order shall stand

cancelled without further reference to this Court; and the State /

prosecution will be free to arrest the accused in the present case also.

Let the matter be listed for final hearing in due course.

C. c. as per rules.

(Subodh Abhyankar) Judge rcp

RAMESH CHANDRA PITHWE 2021.07.04 16:05:55 +05'30'