Chhotu @ Dhanraj Singh vs The State Of Madhya Pradesh
2022 Latest Caselaw 15908 MP

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              HIGH COURT OF MADHYA PRADESH
                    Criminal Appeal No.9030/2022
  (Chhotu @ Dhanraj Singh and Another Vs. The State of Madhya
                               Pradesh)

Gwalior Bench : Dated : 01.12.2022

      Shri Deependra Singh Kushwah, learned counsel for

appellants.

      Shri B.P.S.Chauhan, learned Public Prosecutor for the

respondent/State.

Heard on I.A.No.17944 of 2022, first application under

Section 389 (1) of Cr.P.C. for suspension of sentence and grant of

bail filed on behalf of appellants No.1 and 2.

This criminal appeal under Section 14 (A) of the Scheduled

Castes and the Scheduled Tribes Act read with Section 374 of

Cr.P.C. is preferred by appellants against the judgment dated

30.07.2022 passed by the Sixth Additional Session Judge/Special

Judge (POCSO), Bhind District Bhind (Madhya Pradesh) in

SCATR No.13/2017, whereby appellants have been convicted as

under:-

Sections Act Imprisonment Fine

HIGH COURT OF MADHYA PRADESH Criminal Appeal No.9030/2022 (Chhotu @ Dhanraj Singh and Another Vs. The State of Madhya Pradesh)

354 IPC R.I. for 1 year Rs.1000/-with default stipulation 323/34 03 'kh"kZ IPC R.I. for 3 months Rs.100/- with default stipulation 8 POCSO R.I. for 3 years Rs.1000/- with Act default stipulation 3 (1) (w) (i) SCST R.I. for 6 months Rs.500/- with default Act stipulation 3 (2) (va) SCST R.I. for 1 year Rs.500/- with default Act stipulation

It is the submission of learned counsel for appellants that

appellants are suffering confinement since 30.07.2022 and total jail

sentence is 3 years as awarded by trial Court. Hearing of appeal

will take some time and meanwhile during confinement, appellants

learnt the lesson hard way and would mend their ways and would

become a better citizen by not involving in any criminal activity in

future. Learned counsel fairly submits that if appellants are

released on bail then appellants shall abide by all conditions

imposed by this Court. Thus, prayed for suspension of sentence

and grant of bail.

HIGH COURT OF MADHYA PRADESH Criminal Appeal No.9030/2022 (Chhotu @ Dhanraj Singh and Another Vs. The State of Madhya Pradesh)

Learned Public Prosecutor for the respondent/State opposed

the application and prayed for its dismissal.

Considering the submissions advanced by learned counsel

for the parties as well as the fact that final hearing of this appeal

would take some time and intention of appellants to reform

themselves, but with some stringent condition as discussed by

Hon'ble Supreme Court in the case of Aparna Bhatt Vs. State of

M.P. reported in 2021 SCC Online 230, application

I.A.No.17944/2022 is hereby allowed.

If appellant No.1 Chhotu alias Dhanraj Singh and

appellant No.2 Girraj Singh furnish bail bond in the sum of

Rs.50,000/- (Rupees Fifty Thousand Only) each along with one

solvent surety of the like amount each to the satisfaction of the

trial Court that they shall appear before the Principal Registrar of

this Court on 31-01-2023 and on all other subsequent dates as may

be fixed by the Office for appearance, then they shall be released

HIGH COURT OF MADHYA PRADESH Criminal Appeal No.9030/2022 (Chhotu @ Dhanraj Singh and Another Vs. The State of Madhya Pradesh)

on bail and execution of jail sentence is suspended till disposal of

this appeal.

Appellants shall not move in the vicinity of the

complainant side in any manner and shall not be a source of

embarrassment or harassment to the complainant side in any

manner.

And

The Station House Officer of the concerned Police Station is

directed as follows:

1. The Station House Officer shall inform the victim about the

release of the appellants on bail.

2. In case appellants extend any threat, intimidation or coercion

to the complainant side or tries to contact the complainant and her

family members in person, through digital mode or through

somebody else then complainant side shall be at liberty to file fresh

complaint against the appellants before the Police Station and in

HIGH COURT OF MADHYA PRADESH Criminal Appeal No.9030/2022 (Chhotu @ Dhanraj Singh and Another Vs. The State of Madhya Pradesh)

that condition police shall help the cause of complainant.

Complainant shall also be at liberty to move an application for

cancellation of bail if any misconduct as referred above is

committed by the appellants after being released on bail.

I.A.No.17944 of 2022 stands allowed and disposed of.

Copy of this order be sent to the trial Court concerned for

compliance.

Certified copy as per rules.

                                                             (Anand Pathak)
AK/-                                                             Judge
   ANAND KUMAR
   2022.12.02
   16:53:55 +05'30'