Madhya Pradesh High Court
Yashwant @ Pintu vs The State Of Madhya Pradesh on 1 July, 2022
Author: Rajeev Kumar Dubey
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 8184 of 2021
(YASHWANT @ PINTU Vs THE STATE OF MADHYA PRADESH)
Dated : 01-07-2022
Shri Ashish Kumar Tiwari, learned counsel for the appellant.
Shri Rajesh Sharma, learned P.L. for the respondent/State.
Shri Akshay Jha, learned counsel for the objector.
Prosecutrix and her father are also present in person. They are duly
identified by their counsel.
At the outset learned counsel for the appellant prays for permission to
withdraw I.A.No.23608/2021, an application for suspension of sentence and
grant of bail filed on behalf of appellant.
Prayer is accepted.
Accordingly, I.A.No.23608/2021 is dismissed as withdrawn.
Head on the question of admission.
Appeal seems to be arguable, hence it is admitted for final hearing.
Also heard on I.A. No.11570/2022, which is an application u/S.389(2) of
Cr.P.C. for temporary suspension of the custodial sentence passed against
appellant Yashwant @ Pintu for a period of three months.
This appeal has been preferred against the judgment dated 17/12/2021
passed by Special Judge (POCSO), Chhindwara in Special Case No.58/2021,
whereby learned Special Judge found the appellant guilty for the offence
punishable under Sections 454 of the IPC and Section 4 of the POCSO Act
and sentenced him to undergo R.I. for two years with fine of Rs.2,000/- and
Signature Not Verified
SAN R.I. for 10 years with fine of Rs.5,000/- respectively, with default stipulation.
Digitally signed by ANURAG SONI
Date: 2022.07.01 17:36:58 IST Learned counsel for the appellant submitted that the prosecutrix has
entered into a compromise with the appellant and she is ready to marry with the
appellant and appellant is also ready to marry with the prosecutrix. At present
the prosecutrix is major. The prosecutrix wants herself to be settled in life and
she also keen to see that the appellant does not suffer. So to explore the
possibility of marriage between prosecutrix and appellant the custodial sentence
passed against the appellant may kindly be suspended temporarily for a period
of three months.
Learned counsel for the respondent/State opposed the prayer and
submitted that only on the ground that the prosecutrix has on objection to
suspend the jail sentence of the appellant temporarily, application should not be
allowed. It is prayed that the application be rejected.
The prosecutrix, who is present in person alongwith her father submitted
that she is ready to marry with the appellant, so if this Court suspended the
custodial sentence passed against appellant temporarily, she has no objection.
Looking to the facts and circumstances of the case and the response
given by the prosecutrix, who has attained the age of majority, I.A.
No.11570/2022 is allowed and as an interim measure it is directed that the
execution of the jail sentence alone passed against the appellant-Yashwant @
Pintu shall remain suspended for a period of two months from today i.e. from
01/07/2022 to 01/09/2022 and he be released on temporary bail upon his
furnishing personal bond in the sum of Rs.50,000/- (Rs.Fifty Thousand only)
with one surety in the like amount to the satisfaction of the trial Court.
Appellant Yashwant @ Pintu is directed to surrender before the
concerned Court immediately after completion of two months.
Signature Not Verified
SAN
Learned counsel for the appellant is also directed to file the copy of the
Digitally signed by ANURAG SONI
Date: 2022.07.01 17:36:58 IST
order-sheet relating to surrender of the appellant Yashwant @ Pintu thereafter.
It is made clear that if the appellant do not surrender, the concerned
Court shall take appropriate action regarding the same.
Let the case be listed for final hearing in due course.
(RAJEEV KUMAR DUBEY)
JUDGE
as
Signature Not Verified
SAN
Digitally signed by ANURAG SONI
Date: 2022.07.01 17:36:58 IST
