Mahendra Bagri vs The State Of Madhya Pradesh
2021 Latest Caselaw 1772 MP

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                                                                                      CRA No.8194/2018

                 High Court of Madhya Pradesh, Jabalpur
                             Bench at Indore
            Criminal Appeal No.8194/2018
Indore, Dated 04.05.2021
          Hearing through Video Conferencing.

          Mr. Dharmendra Keharwar, learned counsel for appellant

Mahendra Bagri s/o Late Premchandra Bagri.

          Mr. Devashish Dubey, learned Panel Lawyer for the

respondent / State of Madhya Pradesh.

Heard on IA No.8541/2020, second 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 3rd Additional Sessions Judge Neemuch, District Neemuch

(MP) in Special Sessions Trial No.20/2017 vide judgment dated

01.09.2018, as under: -

                 Conviction                                Sentence
       Section            Act              RI        Fine amount      Imprisonment in lieu of fine
   363            IPC           3 years             Rs.2,000/-        2 months RI
   366            IPC           4 years             Rs.3,000/-        3 months RI
   344            IPC           6 months            Rs.500/-          15 days RI
   506-II         IPC           1 year              Rs.1,000/-        1 month
   6              POCSO Act     10 years            Rs.5,000/-        2 months RI

Counsel for the appellant has submitted that the earlier

suspension application IA No.5084/2019 was having dismissed as

withdrawn on 23.07.2019.

Counsel has submitted that the appellant is in jail since

01.09.2018 and after adding the earlier 3 - 4 months of incarceration

CRA No.8194/2018

at the time of trial, he has completed around 3 years' of

imprisonment. Counsel has further submitted that the prosecutrix

was a consenting party which is apparent from the fact that she

stayed with the appellant around four months before she was

recovered.

It is further submitted that so far as the age of the prosecutrix

is concerned, the mother of the prosecutrix has clearly stated that she

has recorded the date of birth of the prosecutrix in the school only on

her assumption. Thus, it is submitted that as such, there is no

concrete evidence on record to establish the exact date of birth of the

prosecutrix.

Counsel has submitted that the final disposal of the appeal is

likely to sufficiently long time and presently also, only the urgent

matters are being heard by this Court in the wake of fresh spread of

COVID-19.

Counsel for the State, on the other hand, has opposed the

prayer.

Having considered the rival submissions and on perusal of the

statement of the prosecutrix (PW-10) as also the mother of the

prosecutrix (PW-9) and further taking note about the period of

incarceration, this Court is inclined to allow the present application.

Accordingly, without expressing any opinion on merits of the

case, IA No.8541/2020 is allowed and it is directed that on

CRA No.8194/2018

furnishing a personal bond by the appellant in the sum of

Rs.25,000/- (Rupees twenty five 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 20.12.2021 and on

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

this regard.

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

C. c. as per rules.

(Subodh Abhyankar) Judge rcp

RAMESH CHANDRA PITHWE 2021.05.05 18:06:25 +05'30'