Rakesh @ Kalu vs The State Of Madhya Pradesh
2022 Latest Caselaw 588 MP

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        The High Court Of Madhya Pradesh
                 CRA No. 3504 of 2020
           (RAKESH @ KALU AND OTHERS Vs THE STATE OF MADHYA PRADESH)

Jabalpur, Dated : 12-01-2022
      Heard through Video Conferencing.

      Mr. Amit Dubey, learned counsel for the appellant.
      Ms. Anchan Pandey, learned Panel Lawyer for the State.
      None for the complainant, though served.
      Record of Court below is available.

      Considered I.A.No.16080/2021, which is second application u/s
389(1) Cr.P.C. for suspension of sentence and grant of bail on behalf of
appellant - Rakesh @ Kalu Kanjle. His earlier application was
dismissed as withdrawn vide order dated 07.11.2020.
      The appellant is aggrieved by the impugned judgment dated
23.05.2020

passed by Ist Additional Session Judge, Nasrullaganj, District Sehore (M.P.) in Special Session Trial No.76/2017 whereby the appellant has been convicted for offences under Sections 363, 366-A, 376(2)(dha) of I.P.C. and sentenced to R.I. for 3 year with fine of

Rs.1,000/-, R.I. for 3 years with fine of Rs.2,000/-, R.I. for 10 years with fine of Rs.2000/- respectively and; under Section 6 of POCSO Act and sentenced to R.I. for 10 years with fine of Rs.2000/-, with default stipulations.

Learned counsel for the appellant submitted that appellant has been falsely implicated in this case. The appellant has served sentence of 02 years and 03 months. The appellant is 22 years old and the appeal will take considerable time in its final disposal, therefore, prayer has been made to suspend the sentence of appellant.

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

Looking to the opinion of Doctor (PW-8) and the statement of the

father of the prosecutrix regarding her age and also considering that there was some intimacy between the prosecutrix and the appellant. It also appears from the record that they have visited distinct villages and resided together for some time, therefore, without commenting on merits of the case, the application is allowed.

I t is directed that on depositing fine amount, if not already deposited, on furnishing 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 - Rakesh @ Kalu Kanjle 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 29.04.2022 and on all subsequent dates, as may be fixed in this regard during the pendency of this appeal.

Accordingly, I.A.No.16080/2021 stands disposed of. List in due course.

(SMT. ANJULI PALO) JUDGE

shahina

Signature Not Verified SAN

Digitally signed by SHAHINA KHAN Date: 2022.01.13 13:25:28 IST