Anand vs The State Of Madhya Pradesh
2022 Latest Caselaw 1380 MP

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                                            The High Court Of Madhya Pradesh
                                                     CRA No. 1984 of 2020
                                                    (ANAND AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                                    Jabalpur, Dated : 31-01-2022
                                          Heard through Video Conferencing.

                                          Mr. Basant Raj Pandey, learned counsel for the appellants.
                                          Mr. C.L. Sethi, learned Panel Lawyer for the respondent-State.

Learned counsel for the appellants seeks permission for withdrawal of I.A. No.21159/2021 as the same has rendered infructuous.

Accordingly, I.A. No.21159/2021 is dismissed as withdrawn.

The appeal is already admitted for hearing on 11.06.2020. Heard on I.A.No.506/2021, an application under section 389(1) of Cr.P.C. for suspension of sentence and grant of bail.

By the impugned judgment dated 11.02.2020 passed in Special Case No.79/2020 the Special Judge (POCSO Act), Hoshangabad District- Hoshangabad convicted the appellant No.1 under Section 363 and 376(2)(n) of the IPC and sentenced to undergo R.I. for 05 years and 10 years with fine of Rs.1,000/- and Rs.2000/- respectively. The default stipulations have also been imposed by the trial Court.

As per prosecution story, appellant committed rape with the minor girl aged about 14 years.

Learned counsel for the appellant No.1 submitted that appellant is innocent and has been falsely implicated in the crime in question. The trial Court has not properly appreciated the evidence available on record and proceeded to pass the impugned judgment. The appellant is in jail since 02.03.2018. The final disposal of instant appeal would take considerable time. Therefore, prayer has been made to suspend the jail sentence of the appellant.

Learned Panel Lawyer has opposed the prayer for bail and supported the judgment of conviction and order of sentence passed by the trial Court.

Considering the over all facts and circumstances of the case; the Signature Not Verified SAN appellant is in jail since 02.03.2018 and looking to the age of the appellant and

Digitally signed by SAVITRI PATEL Date: 2022.01.31 17:23:55 IST

the statement of prosecutrix; final disposal of this appeal would take considerable time, without commenting on merits of the case, the application is allowed.

I t is directed that on depositing the fine amount, if not already deposited, and on furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty 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 No.1-Anand shall remain suspended during the pendency of this case and he be released on bail. The appellant No.1 shall appear before the trial Court on 27.06.2022 and on all subsequent dates, as may be fixed in this regard during the pendency of this appeal.

Accordingly, I.A.No.506/2021 stands disposed of. List the case for hearing in due course.

(SMT. ANJULI PALO) JUDGE

sp

Signature Not Verified SAN

Digitally signed by SAVITRI PATEL Date: 2022.01.31 17:23:55 IST