Vikram vs The State Of Madhya Pradesh
2021 Latest Caselaw 1773 MP

                                              1
                                                                                    CRA No.6247/2018

               High Court of Madhya Pradesh, Jabalpur
                           Bench at Indore
            Criminal Appeal No.6247/2018
Indore, Dated 04.05.2021
         Hearing through Video Conferencing.

         Mr. Manish Nair, learned counsel for appellant Vikram s/o

Mohanlal Bavri.

         Mr. Devashish Dubey, learned Panel Lawyer for the

respondent / State of Madhya Pradesh.

Heard on IA No.3125/2021, 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 1st Additional Sessions Judge Neemuch, District Neemuch

(MP) in Special Sessions Trial No.33/2017 vide judgment dated 17 th

July, 2018, as under: -

               Conviction                                Sentence
     Section            Act              RI        Fine amount      Imprisonment in lieu of fine
   363          IPC           2 years             Rs.500/-          2 months RI
   366          IPC           3 years             Rs.500/-          2 months RI
   5 (M) / 6    POCSO Act     10 years            Rs.3,000/-        6 months RI

Counsel for the appellant has submitted that the earlier

suspension application IA No.2819/2019 was dismissed as

withdrawn on 31.07.2019. Counsel has submitted that the appellant

is in jail since 17.07.2018 and as such, he has already completed

around three years and seven months in incarceration.

Counsel has submitted that the prosecutrix though said to be

CRA No.6247/2018

minor at the time of incident, but she has stated in her cross

examination that she used to like the present appellant and had gone

with him on her own volition. So far as the age of the prosecutrix is

concerned, it is submitted that the appellant is charged under Section

5 (M) / 6 of the Protection of Children from Sexual Offence Act,

2012, which provides for an offence in respect of the victim, who is

below 12 years of age.

It is further submitted that otherwise also, the evidence

available on record is weak and as such, the appellant is entitled to

be released on bail.

It is also submitted that in the wake of fresh spread of COVID-

19, there is no possibility of early disposal of this appeal in near

future.

Counsel for the respondent / State of Madhya Pradesh opposes

the application by submitting that no sufficient ground is made out

for releasing the appellant on bail; hence the application filed by the

appellant be dismissed.

Having considered the rival submissions and on perusal of the

statement of the prosecutrix as also the evidence available on record

in respect of her age, this Court is inclined to allow the present

application for suspension of sentence, especially looking to the

period of incarceration of the appellant.

Accordingly, without expressing any opinion on merits of the

CRA No.6247/2018

case, IA No.3125/2021 is allowed and it is directed that on

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 18:05:53 +05'30'