Madhya Pradesh High Court
Naresh Vanshkar vs The State Of Madhya Pradesh on 1 December, 2022
Author: Anand Pathak
1
HIGH COURT OF MADHYA PRADESH
Criminal Appeal No.6872/2022
(Naresh Vanshkar Vs. The State of Madhya Pradesh)
Gwalior Bench : Dated : 01.12.2022
Shri J.P.Kushwah, learned counsel for appellant.
Shri Anil Shukla, learned Public Prosecutor for the
respondent/State.
Heard on I.A.No.12636 of 2022, application under Section
389 (1) of Cr.P.C. for suspension of sentence and grant of bail filed
on behalf of appellant.
This criminal appeal under Section 374 of Cr.P.C. is
preferred by appellant against the judgment dated 18.07.2022
passed by the Special Judge (POCSO) Act 2012 and Second
Additional Session Judge, District Datia (Madhya Pradesh) in
Special Case No.41/2017, 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
<) years stipulation
HIGH COURT OF MADHYA PRADESH
Criminal Appeal No.6872/2022
(Naresh Vanshkar 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. While referring the deposition of prosecutrix PW-3, it is
further submitted that she nowhere stated any allegations regarding
rape and she maintained her stand that she left maternal home on
her own volition. She entered into wedlock with appellant and
blessed with three children. Her testimony indicates her consent
and her intention to live with appellant. She is major because her
marriage was fixed by the family members of prosecutrix with
appellant but due to some minor dispute things fizzled out. Further
appellant and prosecutrix decided to live together as couple.
Appellant has been falsely implicated and suffered incarceration.
Confinement is an anathema to the principles of personal liberty.
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
HIGH COURT OF MADHYA PRADESH
Criminal Appeal No.6872/2022
(Naresh Vanshkar Vs. The State of Madhya Pradesh)
the complainant side in any manner. Learned counsel 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.12636/2022 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
HIGH COURT OF MADHYA PRADESH
Criminal Appeal No.6872/2022
(Naresh Vanshkar Vs. The State of Madhya Pradesh)
complainant side in any manner and shall not be a source of
embarrassment or harassment to the complainant side in any
manner.
I.A.No.12636 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
10:48:27 +05'30'
