Madhya Pradesh High Court
Abbu @ Avinash Jaiswal vs The State Of Madhya Pradesh on 27 April, 2022
Author: Anjuli Palo
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 616 of 2022
(ABBU @ AVINASH JAISWAL Vs THE STATE OF MADHYA PRADESH)
Dated : 27-04-2022
Mr. R. S. Mourya, learned counsel for the appellant.
Ms. Shikha Baghel, learned Panel Lawyer for the State.
Complainant - Ms. Mahima Choudhary present in person along with
her counsel Mr. Arun Kumar Vishwakarma. She is identified by her
counsel. Her presence is marked.
Heard on I.A. No.7084/2022, which is an application under Section
389(1) for suspension of sentence and grant of bail to the appellant who
stands convicted vide judgment dated 23.12.2021 passed by Special Judge
under the POCSO Act in Special Case No.101/2017 for offences
punishable under Sections 354 and 354 (B) of the IPC and Sections 3(2)
(v)(a) of the SC/ST (Prevention of Atrocities) Act, 1989 (in perspective
of Section 354 of the IPC); Section 3(2)(v)(a) of the 1989 Act (in
perspective of Section 354 (B) of the IPC); and Section 3(1)(b)(i) of the
1989 Act as well as Section 7/8 of the Protection of Children from Sexual
Offences Act and the appellant has been sentenced to undergo R.I. for one
year; three years; one year; three years; six months; and three years
respectively and default stipulation.
Learned counsel for the appellant submits that the appellant is
innocent and the trial Court has not considered the evidence in proper
perspective and has passed the erroneous judgment of conviction and
sentence despite material contradictions and omissions. The prosecutrix is
sister-in-law (saali) of the appellant. Parties have entered into
compromise, therefore, it is prayed to suspend the remaining sentence of
the appellant.
Learned Panel Lawyer for the State opposed the application.
Learned counsel for the complainant submits that application under
Section 320(1) of Cr.P.C. for compromise has been filed by the
complainant. Affidavit of complainant is also enclosed.
Looking to the sentence awarded against the appellant and in view of
the aforesaid condition, without commenting on merit, this application is
allowed.
It is directed that subject to depositing the fine amount, if not already
deposited and on furnishing a personal bond in a sum of Rs.40,000/-
(Rupees Forty Thousand only) with one surety in the like amount to the
satisfaction of the trial Court concerned, the custodial sentence of
appellant [email protected] Avinash Jaiswal shall remain suspended and he shall be
released on bail for securing his presence before the trial Court concerned
o n 26.08.2022 and on such other dates as may be fixed in this regard
during pendency of this appeal.
Parties are directed to appear before the Registrar (J-II) for
verification of the compromise on 10.05.2022.
List thereafter.
(SMT. ANJULI PALO)
JUDGE
shahina
Signature Not Verified
SAN
Digitally signed by SHAHINA KHAN
Date: 2022.04.28 15:59:46 IST
