Sunil Gotiya vs The State Of Madhya Pradesh
2022 Latest Caselaw 1755 MP

                                  1
           The High Court Of Madhya Pradesh
                    CRA No. 5813 of 2020
                  (SUNIL GOTIYA Vs THE STATE OF MADHYA PRADESH)

Jabalpur, Dated : 08-02-2022
       Heard through Video Conferencing.

       Mr. V.K. Jain, learned counsel for the appellant.
       Mr. V.K. Pandey, learned Panel Lawyer for the respondent/State.

Heard on the question of admission.

Appeal seems to be arguable, hence admitted for hearing. Heard on I.A.No.12684/2020 which is first application for suspension

o f sentence and grant of bail to the appellant who stands convicted vide judgment dated 09.06.2017 passed by the Special Judge under the Protection of Children from Sexual Offences Act, Jabalpur in SC No.08/2014 for offences punishable under Sections 363, 366 and 376 (2) N of the Indian Penal Code and sentenced to undergo RI for 5 years, 7 years and 10 years, respectively with fine of Rs.1,000/-, Rs.2000/- and Rs.5,000/-, respectively and Section 6 of the Protection of Children from Sexual Offences Act and sentenced to undergo RI for 10 years with fine of Rs.5,000/- and stipulated default.

Learned counsel for the appellant submits that the prosecution has failed to prove its case beyond reasonable doubt and passed the judgment contrary to the material available on record. The trial Court has not considered the factum of consent of the prosecutrix. It is vehemently submitted that the appellant has been sentenced for ten years however, he has already remained in jail for more than six years and eight months. The final disposal of this appeal would take considerable time, hence, the substantive jail sentence of the appellant be suspended and he be granted bail.

Learned Panel Lawyer for the State has vehemently opposed the bail application.

I have heard learned counsel for the appellant and perused the record. From perusal of the jail report dated 03.02.2022 it is apparent that the

appellant has already served sentence for a period of six years, eight month and 24 days. Hence, considering the facts and circumstances of the case and taking into account the custody period undergone by the appellant as well as the age of the appellant, without commenting upon the merits of the case, I.A. No.12684/2020 is allowed. It is directed that on furnishing a personal bond in the sum of Rs.40,000/- (Rupees Forty Thousand Only) with a surety in the

like amount to the satisfaction of the trial Court concerned, the remaining part of the substantive jail sentence imposed upon appellant- Sunil Gotiya shall remain suspended during the pendency of this case and he be released on bail. The appellant shall appear before the concerned trial Court on 04.07.2022 and on all subsequent dates, as may be fixed in this regard during the pendency of this appeal.

Accordingly, I.A. No.12684/2020 stands disposed of. List the case for hearing in due course.

(SMT. ANJULI PALO) JUDGE

ks

Signature Not Verified SAN

Digitally signed by KOUSHALENDRA SHARAN SHUKLA Date: 2022.02.10 17:33:43 IST