Pangu Singh @ Pangla @ Bahadur ... vs The State Of Madhya Pradesh
2022 Latest Caselaw 9343 MP

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    HIGH COURT OF MADHYA PRADESH AT INDORE
            CRIMINAL APPEAL NO.1025 OF 2019
 (Pangu Singh @ Pangla @ Bahadur Singh vs The State of Madhya Pradesh)


Indore, Dated 11.07.2022
      Mr. Manish Yadav, learned counsel for the Appellants.
      Mr. Raghvendra Singh Bais, learned counsel for the
Respondent/State.

Heard on IA No.4531/2022 which is an application for urgent hearing. Keeping in view the reasons mentioned in the application, the same is allowed. Accordingly, IA No.4531/2022, stands disposed of.

Heard on the question of admission.

The appeal is admitted for final hearing.

Record has been received.

Also heard on IA No.3978/2022 which is first application under Section 389(1) of the Code of Criminal Procedure, 1973, for suspension of jail sentence filed on behalf of appellant - Pangu Singh @ Pangla @ Bahadur Singh S/o Lalu Miniya who has been convicted by learned Special / First Additional Sessions Judge to Second Additional Sessions Judge, Petlavad, District- Jhabua (MP) in Special Case No.31/2017 vide judgment dated 06.10.2018 and has been sentenced him as under:

Conviction Sentence

HIGH COURT OF MADHYA PRADESH AT INDORE CRIMINAL APPEAL NO.1025 OF 2019 (Pangu Singh @ Pangla @ Bahadur Singh vs The State of Madhya Pradesh)

Section & Act Imprisonment Fine Amount Imprisonment in lieu of fine 363 IPC 03 Years RI Rs.1000/- 01 month RI.

366-A IPC 10 Years RI Rs.1000/- 01 year RI.

376(2)(N) IPC 10 Years RI Rs.1000/- 01 year RI. 5(L)/6 POCSO 10 Years RI Rs.1000/- 01 year RI. Act, 2012

Learned counsel for the appellant that FIR Ex.P/2 has been lodged by the prosecutrix submits that prosecutrix has specifically reported to the police that appellant had called her through Anguribai in his house and thereafter committed rape upon her. It is also stated that prosecutrix in her statements recorded in the trial Court has deposed that she did not know the name of present appellant and it is the Anguribai who had told the name to her and on the basis of which the matter has been reported to the police against the appellant. He has referred para 15 of the judgment in which the prosecutrix herself has admitted that she lodged the report against appellant at the instance of her father. He also submits that no external or internal injury was found during her medical examination. The appellant is a disabled person and is in custody since 10.02.2017 and has suffered more than 50% of jail

HIGH COURT OF MADHYA PRADESH AT INDORE CRIMINAL APPEAL NO.1025 OF 2019 (Pangu Singh @ Pangla @ Bahadur Singh vs The State of Madhya Pradesh)

sentence awarded to him out of ten years of jail sentence. 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 present 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 her age was about 11-12 years and the allegations levelled against the present appellant is of serious in nature. Hence the appellant is not entitled for release on bail.

Having considered the rival submissions, as also the statements of prosecutrix recorded in the trial and also considering the period of custody of appellant which is more than 50% of jail sentence awarded to him out of ten years of jail incarceration, without commenting anything upon the merits of the case, this application is allowed.

It is directed that if the appellant - Pangu Singh @ Pangla @ Bahadur Singh S/o Lalu Miniya 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

HIGH COURT OF MADHYA PRADESH AT INDORE CRIMINAL APPEAL NO.1025 OF 2019 (Pangu Singh @ Pangla @ Bahadur Singh vs The State of Madhya Pradesh)

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 21.09.2022 and thereafter on all subsequent dates as may be fixed by the Registry in this behalf. Accordingly IA No.3978/2022 stands disposed of.

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 18:50:00
+05'30'