Dipak vs The State Of Madhya Pradesh
2022 Latest Caselaw 334 MP

                                  1                                 CRA-5544-2021
        The High Court Of Madhya Pradesh
                 CRA No. 5544 of 2021
                (DIPAK Vs THE STATE OF MADHYA PRADESH AND OTHERS)

Jabalpur, Dated : 06-01-2022
       Ms.Anita Kaithwas, learned counsel for the appellant.

       Mr.Sheshmani Mishra, learned Panel Lawyer for the respondent/State.

Considered I.A.No.16840/2021, which is first application under section 389(1) Cr.P.C. for suspension of sentence on behalf of appellant-Dipak s/o Ravidas.

Vide impugned judgment dated 13.3.2021 passed by the Special Judge

(POCSO), Hoshangabad in S.C.No.126/2020 the appellant has been convicted for offences under sections 363 & 366 of IPC and u/s 4 of the POCSO Act and sentenced to undergo R.I. for 5 years, 5 years, 10 years and fine of Rs.1,000/-, Rs.1,000/- & Rs.1000/- respectively with default stipulations.

Learned counsel for the appellant submitted that at the time of incident the prosecutrix was aged about 16 years. In her statement recorded under sections 164 Cr.P.C. she has stated nothing against the applicant. The medical report does not the prosecution case. Final disposal of appeal would

take considerable time. Therefore, prayer has been made to suspend the sentence of the appellant.

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, the age of the prosecutrix at the time of incident; statement u/s 164 Cr.P.C. of the prosecutrix wherein she has not stated against the applicant thereafter she has changed her version and stated against the applicant; the doctor did not find any external or internal injury on the person of the prosecutrix and opined that she is habitual to sexual intercourse; the appellant has remained in custody from 06.2.2017 till 26.4.2017, 08.7.2020 to 22.10.2020 and from the date of impugned judgment 13.3.2021; final disposal of the appeal would take 2 CRA-5544-2021 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.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- Dipak s/o Ravidas 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 27.04.2022 and on all subsequent dates, as may be fixed in this regard during the pendency of this appeal.

Accordingly, I.A.No.16840/2021 stands disposed of. The appeal is admitted for hearing.

List the case for hearing in due course.

(SMT. ANJULI PALO) JUDGE

RM

Signature Not Verified SAN

Digitally signed by RAJESH MAMTANI Date: 2022.01.06 18:40:59 IST