Banti vs The State Of Madhya Pradesh
2022 Latest Caselaw 5930 MP

1                            Cr.A.No.3828/2018
                         (Banti Vs. State of M.P.)

Indore : Dated 22.4.2022
      Shri Tarun Kushwah, learned counsel for the appellant.
      Shri   Mukesh     Kumawat,     learned    Govt.Advocate    for   the
respondent/State.

Heard on I.A.No.30051/2021, which is fourth application under Section 389 of Cr.P.C.for suspension of sentence.

The trial Court has convicted the appellant under Section 5(M)/6 of the Protection of Children from Sexual Offences Act and sentenced to undergo ten years' RI with fine of Rs.1,000/-, with default stipulation, vide judgment of conviction and order of sentence dated 20.4.2018 passed by Special Judge (POCSO Act), Ratlam, District Ratlam in Special Case No.114/2017.

Prosecution case, in brief, is that appellant sexually assaulted the minor prosecutrix aged about five years.

Learned counsel for the appellant submits that earlier three applications filed on behalf of the appellant were dismissed as withdrawn. Learned counsel for the appellant submits that appellant is in custody 17.8.2017 and has suffered about four years eight months imprisonment out of ten years' sentence awarded to him under Section 5(M)/6 of the Protection of Children from Sexual Offences Act. Learned counsel for the appellant submits that it has been alleged against the appellant that he penetrated his finger in the private part of the prosecutrix and fled away from the spot. Appellant was young boy about 19 years having no criminal past record. He has suffered about 50% of the sentence awarded to him. Appellant has been convicted only on the basis of the statement of the minor girl aged about five years. Appellant

(Banti Vs. State of M.P.)

has a strong case in his favour. There is no likelihood of early conclusion of the trial. Therefore, in the aforesaid circumstances prays for suspension of sentence and enlargement of appellant on bail, on such terms and conditions this Court deems fit and proper.

Per contra, learned Govt.Advocate opposes the prayer for suspension of sentence and submits that the trial Court has rightly convicted the appellant.

Having considered the rival submissions, the material pointed out by learned counsel for the appellant and the fact that appellant has suffered more than 50% sentence out of total sentence awarded to him and also considering the fact that final conclusion of the appeal will take considerable long time, but without commenting on merits of the case application is allowed.

It is directed that subject to depositing the fine amount, if already not deposited, appellant shall be released on bail, on furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) along with solvent surety in the like amount to the satisfaction of trial Court, for his appearance before the Registry of this Court firstly on 20.06.2022, and on such other dates, as may be fixed by the Registry in this regard, till final disposal of this appeal.

I.A.No.30051/2021 is allowed.

List in due course.

C.C. as per rules.

(Satyendra Kumar Singh) Judge

Patil

Digitally signed by SHAILESH PATIL Date: 2022.04.22 16:27:09 +05'30'