Santu vs The State Of Madhya Pradesh
2022 Latest Caselaw 1299 MP

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        The High Court Of Madhya Pradesh
                 CRA No. 5635 of 2021
                       (SANTU Vs THE STATE OF MADHYA PRADESH)

Jabalpur, Dated : 28-01-2022
       Heard through Video Conferencing.

       Mr.Prakash Gupta, learned counsel for the appellant.
       Ms.Seema Jaiswal, learned P.L. for the respondent/State.

Record from the court below has been received. Considered I.A.No.17149/2021, an application for condonation of delay in filing the instant appeal.

It is stated in the application that after conviction by the court, the appellant was sent to jail and he could not make contact with his relatives, therefore, he could not file the appeal within period of limitation.

For the reasons stated in the application, the same is allowed. The delay is condoned.

I.A.No.17149/2021 is allowed.

Heard on the question of admission.

The appeal is admitted for hearing.

Also considered I.A.No.17147/2021, which is application under

section 389(1) of the Code of Criminal Procedure for grant of bail and suspension of sentence.

By impugned judgment dated 04.6.2015 passed in Sessions Trial No.101/2014 the First Additional Sessions Judge, Multai, District Betul has convicted the appellant under sections 363 & 366 of the Indian Penal Code and u/s 6 of the POCSO Act and sentenced to undergo R.I. for 3 years, 3 years & 10 years respectively with default stipulations.

Learned counsel for the appellant/applicant submitted that applicant is innocent and has been falsely implicated in the crime in question. The trial Court has not properly appreciated the oral and documentary evidence available on record. The prosecutrix was major at the time of incident. The applicant has already served the jail sentence of about 8 years as he is in

custody since 31.1.2014. The final disposal of this would take considerable time.

Learned Panel Lawyer has opposed the prayer for suspension of sentence and grant of bail.

Considering the over all facts and circumstances of the case; there is dispute with regard to age of the prosecutrix; applicant has already served

about 8 years; and final disposal of instant appeal would take considerable time, without commenting on merits of the case, the application is allowed.

I t is directed that on furnishing a personal bond in the sum of Rs. 40,000/- (Rupees Forty Thousand Only) with one solvent surety in the like amount to the satisfaction of the trial Court, the remaining part of the substantive jail sentence imposed upon appellant-Santu s h a ll remain suspended during the pendency of this case and he shall be released on bail. Appellant shall appear before the concerned trial Court on 27.06.2022 and on all such subsequent dates, as may be fixed in this regard during the pendency of this appeal.

List the case for hearing in due course.

(SMT. ANJULI PALO) JUDGE

RM

Signature Not Verified SAN

Digitally signed by RAJESH MAMTANI Date: 2022.01.28 17:06:24 IST