Deepu Ray @ Pappu vs The State Of Madhya Pradesh
2022 Latest Caselaw 15912 MP

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              HIGH COURT OF MADHYA PRADESH
                    Criminal Appeal No.5077/2022
      (Deepu Ray @ Pappu Vs. The State of Madhya Pradesh)

Gwalior Bench : Dated : 01.12.2022

      Shri Rajiv Budholiya, learned counsel for appellant.

      Shri Anil Shukla, learned Public Prosecutor for the

respondent/State.

Heard on I.A.No.13294 of 2022, first application under

Section 389 (1) of Cr.P.C., 1973 for suspension of sentence and

grant of bail filed on behalf of appellant.

This criminal appeal under Section 374 (2) of Cr.P.C. is

preferred by appellant against the judgment dated 05.04.2022

passed by the Special Judge (POCSO) Act 2012 and Second

Additional Session Judge, District Datia (Madhya Pradesh) in

Special Case No.38/2018, whereby appellant has been convicted as

under:-

Sections Act Imprisonment          Fine
363        IPC R.I. for 3 years Rs.3000/-with default stipulation
366        IPC R.I. for 7 years Rs.5000/- with default stipulation
376 (2) ( IPC R.I. for         10 Rs.10,000/-      with      default
p)            years               stipulation

              HIGH COURT OF MADHYA PRADESH
                   Criminal Appeal No.5077/2022

(Deepu Ray @ Pappu Vs. The State of Madhya Pradesh)

376 (2) ( IPC R.I. for 10 Rs.10,000/- with default <) years stipulation

It is the submission of learned counsel for appellant that the

trial Court erred in convicting and awarding jail sentence to the

appellant. It is further submitted that appellant already suffered

four and half years' incarceration and did not get the benefit of bail

during trial. Trial Court erred ignoring the fact that initially

statement of prosecutrix under Section 161 of Cr.P.C. which was

taken by the police indicates the consensual nature of relationship

but after two months another statement by way of supplementary

statement has been taken in which she implicated the appellant.

Such contradiction is material. Even otherwise if subsequent and

supplementary statement is considered even then it indicates that

for 19 days prosecutrix lived with appellant without raising any

alarm. Hearing of appeal will take time and he has a good case on

merits. Appellant shall not be a source of embarrassment or

harassment to the complainant side in any manner. Learned counsel

HIGH COURT OF MADHYA PRADESH Criminal Appeal No.5077/2022 (Deepu Ray @ Pappu Vs. The State of Madhya Pradesh)

fairly submits that if appellant is released on bail then appellant

shall abide by all conditions imposed by this Court. Thus, prayed

for suspension of sentence and grant of bail.

Learned Public Prosecutor for the respondent/State opposed

the application and prayed for its dismissal.

Looking to the submissions made by learned counsel for the

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

take some time, application I.A.No.13294/2022 is hereby allowed.

If appellant furnishes bail bond in the sum of Rs.50,000/-

(Rupees Fifty Thousand Only) along with one solvent surety of

the like amount to the satisfaction of the trial Court that he 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 he shall be released on bail and execution of jail

sentence is suspended till disposal of this appeal.

Appellant shall not move in the vicinity of the

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

HIGH COURT OF MADHYA PRADESH Criminal Appeal No.5077/2022 (Deepu Ray @ Pappu Vs. The State of Madhya Pradesh)

embarrassment or harassment to the complainant side in any

manner.

I.A.No.13294 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
       10:43:20 +05'30'