Insafali vs The State Of Madhya Pradesh
2022 Latest Caselaw 16619 MP

                                    1
             IN THE HIGH COURT OF MADHYA PRADESH
                          AT JABALPUR
                            CRA No. 9304 of 2022
                (INSAFALI Vs THE STATE OF MADHYA PRADESH AND OTHERS)

Dated : 14-12-2022
      Shri Ashok Kumar Gupta - Advocate for the appellant.

      Shri Ajay Shukla - Government Advocate for the respondent/State.

Shri Vinod Kumar Napit - Advocate for the objector.

Learned counsel for the objector submits that the objector is present in the Court.

I.A. No.19394/2022, which is an application for suspension of sentence and grant of bail to the appellant arising out of judgment dated 26.09.2022 delivered in Sessions Case No.ST/29/2019 by Special Judge, POCSO Act, Sidhi is taken up.

Learned counsel for appellant submits that appellant has been falsely arraigned. The Court below has committed error in determination of age of the victim. The victim was not a juvenile at the time of commission of alleged crime. The appellant and victim have solemnized marriage. The marriage certificate and the affidavit of appellant and victim dated 30.11.2019 is filed as Annexure-A/2.

Out of the said wedlock, a girl was born on 14.11.2018. The victim is residing with the family of the appellant. Thus, remaining jail sentence of the appellant may be suspended.

Learned Government Advocate opposes the prayer on the basis of objection.

Shri Napit, learned counsel for the objector is relying upon his reply dated 16.11.2022 wherein it is mentioned that the victim solemnized marriage with the appellant at her own volition on 17.01.2018 and out of the said wedlock

a daughter was born. If sole bread winner/appellant remains in custody, it will cause more harm than good. Final hearing of appeal will take time and accordingly, the objector has no objection if remaining jail sentence of the appellant is suspended. Indeed, the victim has also prayed for suspending the jail sentence of the appellant.

We have heard the parties at length.

Considering the aforesaid factual backdrop, we deem it proper to suspend the remaining jail sentence of appellant. Accordingly, I.A. No.19394/2022 is allowed.

Subject to deposit of fine amount (if not already deposited), the

remaining jail sentence of appellant is hereby suspended. It is directed that the appellant be released on bail on his furnishing a personal bond for a sum of Rs.30,000/- (Rupees thirty thousand only) with one solvent surety of the like amount to the satisfaction of the trial Court with a further direction to appear before the trial Court, Sidhi on 03.04.2023 and also on such other dates, as may be fixed by the trial Court in this regard during the pendency of this appeal.

List for final hearing in due course.

       (SUJOY PAUL)                                     (PRAKASH CHANDRA GUPTA)
          JUDGE                                                  JUDGE
   Devashish
DEVASHISH MISHRA
2022.12.15 10:28:40
+05'30'