Bharat vs The State Of Madhya Pradesh
2021 Latest Caselaw 6296 MP

 HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE

                         CR. A. No. 5173 / 2021
                BHARAT S/O MADANLAL Vs. STATE OF MP
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INDORE, Dated : 01/10/2021
        Heard through video conferencing.
        Mr. Surendra Tuteja, learned counsel for the appellant.
        Mrs. Vinita Phaye, learned GA for the respondent -

State.

Heard on I.A.No. 24081/2021, an application filed under Section 389(1) of the Code of Criminal Procedure, 1973 on behalf of appellant Bharat for suspension of jail sentence and grant of bail. Appellant has been convicted and sentenced vide judgment dated 24/2/2020 passed by the learned Special Judge (POCSO Act, 2012) & 4th Addl. Sessions Judge, Dewas in S.T.No. 249/2019, as under :

  Conviction                               Sentence
      Section         Act.    Imprisonment Fine            Imprisonment
                                                           in lieu of fine
366             IPC           7 years RI       Rs.5000/-   6 months RI

Learned counsel for the appellant - Bharat submits that the judgment of the learned Court below is contrary to law and facts on record. The prosecutrix has stated before the trial Court that she went on her own will and lived with co- accused for a period of one month, but the learned trial Court discarded the defence version. The prosecutrix was major at the time of incident. Learned counsel for the appellant further submits that the present applicant is not the main accused. His role in the aforementioned offence is very limited and he has suffered almost 2 years jail incarceration. Final conclusion of this appeal is likely to take a sufficiently HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE

CR. A. No. 5173 / 2021 BHARAT S/O MADANLAL Vs. STATE OF MP

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long time. Till then the sentence passed against the appellant is not suspended, the very purpose of filing of this appeal would be frustrated. Under these circumstances, learned counsel for the appellant prays for grant of bail and suspension of execution of jail sentence of the appellant.

Per contra, learned Government Advocate for the respondent - State strongly opposed the prayer for suspension of custodial sentence and submits that there is sufficient evidence available on record to establish guilt of the appellant in the alleged offence. Appellant was properly convicted and sentenced by the trial Court and, therefore, no case for suspension of his jail sentence is made out. It is submitted that at the time of incident, the prosecutrix was minor, therefore, her consent regarding the aforementioned crime, is immateial. In such circumstances the application be dismissed.

Heard learned counsel for the parties and perused the record.

After considering the submissions made by the learned counsel for the parties and looking to the facts and circumstances of the case and also taking note of the fact that present applicant is convicted only for offence punishable u/S. 366 of the Indian Penal Code, 1860 and sentenced him for a term of 7 years RI, the appellant has already suffered almost 2 years jail incarceration, it is an appeal of 2021, therefore, final conclusion of this appeal is likely to take HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE

CR. A. No. 5173 / 2021 BHARAT S/O MADANLAL Vs. STATE OF MP

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sufficiently long time, it would be appropriate to accept the application of appellant No.2 - Bharat. Accordingly, I.A.No. 24081/2021 is allowed.

It is directed that execution of remaining jail sentence of appellant No.2 - Bharat shall remain suspended and subject to depositing the amount of fine, he be released on bail on his furnishing personal bond of Rs.75,000/- (Rs. Seventy five thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court for his appearance before the Office / Registry of this Court on 15/12/2021 and on such other dates as may be fixed in this behalf.

Before releasing the applicant from the custody, the Jail Authorities are directed to medically examine him in order to rule out the possibility of Covid-19 infections and shall comply with the directions issued by the Hon'ble Apex Court in W.P.No. 01/2020.

Certified copy, as per Rules.

                       (SUJOY PAUL)               (ANIL VERMA)
                         JUDGE                      JUDGE
        KR




Digitally signed by KAMAL RATHORE
Date: 2021.10.01 16:58:26 +05'30'