Chetan @ Chhotu vs The State Of Madhya Pradesh
2022 Latest Caselaw 331 MP

                                 1                       CRA9599/2019

          The High Court Of Madhya Pradesh
                        CRA No. 9599 of 2019
       (CHETAN @ CHHOTU AND OTHERS Vs THE STATE OF MADHYA PRADESH)

Gwalior, Dated:06.01.2022
      Shri S.K. Tiwari, learned counsel for the appellant.

      Shri   Anil     Shukla,   learned   Public   Prosecutor        for   the

respondent/State.

      Heard on I.A.No.32521/21, an application for urgent hearing.

      Considered and allowed.

      Heard on I.A.No.25248/2021, an application under Section 389

of Cr.P.C. filed by appellant- No.1 Chetan @ Chhotu for suspension of

sentence and grant of bail.

      Vide judgment dated 02.11.2019 passed by learned                Special

Judge (POCSO Act)/Second Additional Sessions Judge, District Guna

(M.P.) in Special Case No.22/2021, the appellant has been convicted

and sentenced as under:

      Section       Sentence    Fine        In default stipulation
      305 of IPC 10 years RI Rs.10,000/ 2 years R.I.
                             -

In brief, case of the respondent/State is that on 22.12.2014

deceased aged about 15 years died due to consumption of poisonous

substance. Merg was registered. Merg was enquired. During merg it

emerges out that appellant Chetan used to harass the deceased, due to

which she has committed suicide. He also sexually abused her.

Appellant's mother also abeted the offence. A Crime under Sections

305, 306/34, 376 (2) of IPC, Section 4 of POCSO Act and Section 17 2 CRA9599/2019

of POCSO Act has been registered. Appellant and his mother put to

trial. Appellant Chetan has been acquitted for the offence under

Section 376 (2) of IPC, 4 of POCSO Act, 306 of IPC and 17 of

POCSO Act. Appellant Babita was also acquitted under Section 17 of

POCSO Act and 306 of IPC but appellant has been convicted under

Section 305 of IPC with fine of Rs.10,000/-.

From the side of the appellant it submitted that sentence of co-

accused Babita has been suspended. Appellant is in custody since

02.11.2019. Hearing of the appeal will take time. Therefore, he prays

for grant suspension of sentence.

Learned counsel for the State is opposed the application and

prayed for its rejection.

Heard learned counsel for the parties at length.

In view of the aforesaid and considering the facts and

circumstances of the present case and also considering the period of

custody and the fact that the disposal of the appeal will take its own

time, without commenting upon the merits of the case, it would be

appropriate to accept the application of the appellant.

Consequently, I.A.No. 25248/2021 is hereby allowed. If the

appellant furnishes a bail bond and deposits the fine amount in the sum

of Rs.25,000/- (Rupees Twenty Five thousand Only) along with one

surety bond of the like amount to the satisfaction of the trial Court and

undertakes that he will appear before the Registry of this Court on

04.05.2022 and on subsequent dates given by the office for his 3 CRA9599/2019

appearance till the disposal of the present appeal, then the appellant

shall be released on bail and execution of jail sentence is suspended till

the disposal of this appeal.

Certified copy/ e-copy as per rules/directions.

                                                   (Deepak Kumar Agarwal)
mani                                                        Judge


   SUBASRI MANI
   2022.01.06
   17:18:21
   -08'00'