Madhya Pradesh High Court
Deepak @ Jeetu vs The State Of Madhya Pradesh on 13 July, 2022
Author: Satyendra Kumar Singh
1 Cr.A.No.3937/2022
(Deepak @ Jeetu Vs. State of M.P.)
Indore : Dated 13.7.2022
Shri Umesh Sharma, learned counsel for the appellant.
Shri Shwswat Seth, learned Panel Lawyer for the respondent/State.
Heard on the question of admission.
The appeal is admitted for final hearing.
Also heard on I.A.No.6112/2022, application for grant of
suspension of sentence filed on behalf of appellant.
The trial Court has convicted the appellant under Section 363 of
IPC and sentenced to undergo three years' RI with fine of Rs.1,000/-,
under Section 366 of IPC and sentenced to undergo seven years' RI with
fine of Rs.2,000/, under Section 3/4 of the Protection of Children from
Sexual Offences Act and sentenced to undergo ten years' RI with fine of
Rs.5,000/-, with default stipulation, vide judgment of conviction and
order of sentence dated 15.3.2022 passed by 2 nd Addl.Sessions Judge,
Mahidpur, District Ujjain in S.T.No.68/2020.
Learned counsel for the appellant referring tot he statement of the
prosecutrix (PW-1) submits that prosecutrix herself admitted in her
cross-examination that her marriage was fixed with the appellant and she
herself went with the appellant and made relations with him voluntarily.
Her statement with regard to her date of birth is contradictory to the entry
of school scholar register. It has not been stated by her that on what basis
her date of birth was written as 22.2.2005. Learned trial Court has
committed error in holding the appellant guilty for the aforesaid offences.
Appellant is in custody since 15.3.2022. There is no likelihood of hearing
(Deepak @ Jeetu Vs. State of M.P.)
of appeal in near future. In view of aforesaid, learned counsel for the
appellant prays for suspension of remaining jail sentence and grant of the
bail to the appellant.
Learned counsel for the respondent/State has opposed the prayer.
Having considered the rival submissions, statement of the
prosecutrix recorded during trial and also considering the evidence
produced on record with regard to her age, there is no likelihood of
hearing of appeal in near future, but without expressing any opinion on
merits of the case, the application I.A.No.6112/2022 is allowed and jail
sentence of the appellant shall remain suspended.
It is directed that subject to depositing the fine amount, if already
not deposited, he shall be released on bail, on his furnishing personal
bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) along
with solvent surety in the like amount to the satisfaction of trial Court,
for his appearance before the Registry of this Court firstly on 29.8.2022,
and on such other dates, as may be fixed by the Registry in this regard,
till final disposal of this appeal.
I.A.No.6112/2022 is allowed.
List for hearing in due course.
C.C. as per rules.
(Satyendra Kumar Singh)
Judge
Patil
Digitally signed by
SHAILESH PATIL
Date: 2022.07.14
10:23:10 +05'30'
