Madhya Pradesh High Court
Santosh Mankar vs The State Of Madhya Pradesh on 11 July, 2022
Author: Satyendra Kumar Singh
1
HIGH COURT OF MADHYA PRADESH AT INDORE
CRIMINAL APPEAL NO.3951 OF 2019
(Santosh Mankar vs The State of Madhya Pradesh)
Indore, Dated 11.07.2022
Mr. Praveen Kumar Raval, learned counsel for the
Appellant.
Mr. Raghvendra Singh Bais, learned counsel for the
Respondent/State.
Heard on IA No.1640/2022 which is first application under
Section 389 of the Code of Criminal Procedure, 1973, for
suspension of jail sentence filed on behalf of appellant - Santosh
Mankar S/o Sakharam Mankar who has been convicted by
learned First Additional Sessions Judge, Mandleshwar (Paschim
Nimad) (MP) in Special Session Trial No.300467/16 vide
judgment dated 07.11.2017 and has been sentenced him as under:
Conviction Sentence
Section & Act Imprisonment Fine Amount Imprisonment
in lieu of fine
363, 366(a), 7-7 years RI Rs.500-500 6-6 months RI
376(2)(I)(N) IPC
343 IPC 01 Year RI NIL 06 months RI.
5(L)/6 of 10 Years RI Rs.1,000/- 06 months RI.
POCSO Act,
2012.
Learned counsel for the appellant submits that prosecutrix in
HIGH COURT OF MADHYA PRADESH AT INDORE
CRIMINAL APPEAL NO.3951 OF 2019
(Santosh Mankar vs The State of Madhya Pradesh)
her statements recorded in the trial Court has admitted that she has
deposed as per instructions given by her mother. It is apparent
from her statement that she was in the company of present
appellant for about four days on her own accord. The prosecution
has not produced any concrete material regarding the age of
prosecutrix except the scholar register. It is submitted that
appellant is a young boy and has suffered six years and four
months of jail incarceration which is more than 50% of jail
sentence awarded to him. There is no likelihood of early hearing
of this appeal and this appeal would take considerably long time
for its final disposal. Hence, the sentence of appellant may be
suspended and he may be released on bail.
Per contra, learned counsel for the respondent/State has
opposed the prayer and submits that prosecutrix was minor at the
time of incident and the offence committed by appellant is of very
serious nature. Hence the appellant is not entitled for release on
bail.
Having considered the rival submissions and the period of
custody pointed out by the learned counsel for the appellant which
is more than 50% of jail sentence awarded to him and also
HIGH COURT OF MADHYA PRADESH AT INDORE
CRIMINAL APPEAL NO.3951 OF 2019
(Santosh Mankar vs The State of Madhya Pradesh)
considering other facts and circumstances of the case, without
commenting anything upon the merits of the case, this application
is allowed.
It is directed that if the appellant - Santosh Mankar S/o
Sakharam Mankar furnishes the personal bond of Rs.50,000/-
(Rupees Fifty thousand) and a solvent surety of like amount to
the satisfaction of Trial Court, and on depositing the fine amount
(if not already deposited), the remaining portion of jail sentence of
appellant shall be suspended and he be released on bail for his
appearance before the Registry of this Court on 16.09.2022 and
thereafter on all subsequent dates as may be fixed by the Registry
in this behalf. Accordingly IA No.1640/2022 stands disposed of.
This is already an admitted appeal.
Record has been received.
List the appeal for final hearing in due course.
Certified copy, as per Rules.
(SATYENDRA KUMAR SINGH)
Arun/- JUDGE
Digitally signed by ARUN
NAIR
Date: 2022.07.11 18:52:52
+05'30'
