Ritesh Kumar Pandey vs The State Of Madhya Pradesh
2021 Latest Caselaw 7228 MP

                                                                     1                              CRA-4578-2021
                                           The High Court Of Madhya Pradesh
                                                    CRA No. 4578 of 2021
                                                 (RITESH KUMAR PANDEY Vs THE STATE OF MADHYA PRADESH)

                                    5
                                    Jabalpur, Dated : 10-11-2021

                                          Shri Santosh Kumar Singh, Advocate for the appellant.
                                          Shri Santosh Yadav, Panel Lawyer for the respondent-State.

Record of the Court below is available on record. Heard on I.A.No. 14233/2021, which is first application filed by the accused/appellant, under section 389 (1) of Cr.P.C. for suspension of

his jail sentence awarded by the Special Judge (POCSO Act), District- Rewa (MP), in S.C.No.158/2020 vide its judgment dated 31.07.2021, convicting the appellant/accused under Section 9(f)/10 of POCSO Act and sentenced him to undergo R.I. for 5 years with a fine of Rs.3,000/- with default stipulation & Section 354 of IPC with no fine.

Allegation against the appellant, as per prosecution that he has tried to outrage the modesty of the complainant-prosecutrix.

Learned counsel for the appellant/accused submits that learned

trial court committed grave error in convicting and sentencing to the appellant/accused. Appellant-accused is a Teacher. At the time of incident, prosecutrix was studying at his coaching. She was negligent so appellant-accused advised her for studying due to this, prosecutrix became annoyed so she lodged false report against the appellant- accused. Prosecutrix admitted in her cross-examination that she deposed against appellant-accused by the advise of police official. She also admitted this fact that she was not doing homework due to this appellant- accused used to beat her so she lodged the report against the appellant- accused. Apart from this, there are material contradictions and omissions in the evidence of witnesses. Appellant-accused is in jail since 17.11.2020. This appeal is of the year 202. Final disposal of the appeal Signature Not Verified SAN

Digitally signed by PALLAVI SINHA Date: 2021.11.11 17:42:35 IST 2 CRA-4578-2021 will take considerable time. There is every possibility to succeed in the case. There is no likelihood of his absconding and tampering with the evidence. Under the circumstances, if the sentence of the appellant is not suspended, his right to file appeal will be futile. Hence, prayer is made for suspension of execution of his jail sentence and grant of bail of

present appellant/accused.

Learned Panel Lawyer has opposed the application and prayed for its rejection.

Having considered the arguments advanced by learned counsel for the parties, on perusal of the record and the facts that prosecutrix was not doing her homework of the coaching due to this, appellant-accsued used to beat her, she deposed her statement before the trial Court on the advise of police official, appellant-accused is in custody since 17.11.2020, this appeal is of the year 2021, final hearing of this appeal will take time, so, without commenting anything on the merit of the case, the said I.A. is allowed.

It is ordered that subject to payment of fine amount, if not already deposited, the execution of jail sentence of the appellant-Ritesh Kumar shall remain suspended during the pendency of this appeal on his furnishing a personal bond in a sum of Rs.50,000/-(Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the trial Court, for his appearance before the Trial Court, Jabalpur on 07/02/2022 and thereafter on all other such subsequent dates, as may be fixed by the trial court in this regard.

In case, the 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.

Signature Not Verified SAN List this matter for final hearing in due course, as per listing Digitally signed by PALLAVI SINHA Date: 2021.11.11 17:42:35 IST 3 CRA-4578-2021 policy.

C.C. as per rules.

(RAJENDRA KUMAR SRIVASTAVA) JUDGE

Pallavi

Signature Not Verified SAN

Digitally signed by PALLAVI SINHA Date: 2021.11.11 17:42:35 IST