Indrapalsingh vs The State Of Madhya Pradesh
2022 Latest Caselaw 9930 MP

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                                IN THE HIGH COURT OF MADHYA PRADESH
                                              AT INDORE
                                               CRA No. 4551 of 2022
                                      (INDRAPALSINGH Vs THE STATE OF MADHYA PRADESH)

                Dated : 19-07-2022
                          Shri Sanjay K. Sharma, learned counsel for the appellant.

                          Shri R.S. Bais, learned Public Prosecutor for the respondent/State.

Heard on the question of admission.

Appeal is admitted for final hearing.

Further, heard on I.A.No.7144/2022, which is an application filed under Section 389(1) of Cr.P.C, for suspension of jail sentence moved on behalf of

the appellant - Indrapal Singh Appellant has been convicted for the offence punishable under Section 3/4 of Protection of Children from Sexual Offences Act, 2012 and sentenced to undergo RI for 10 years with fine of Rs.10,000/- with default stipulation vide judgment of conviction and order of sentence dated 29.04.2022 passed in SC No. 200199/2016.

Prosecution story in brief is that appellant committed rape upon minor prosecutrix.

Learned counsel for the appellant submits that initially, case was

registered u/S 354 of IPC against the appellant. Victim in her statement recorded u/S 161 and 164 of Cr.P.C. also stated so, but thereafter her additional statement was recorded and offence punishable u/S 376 of IPC as well as 3/4 of POCSO Act was enhanced and chargsheet was filed. It is submitted that learned trial Court has wrongly convicted the appellant for the Signature Notoffences Verified punishable u/S 3/4 of POCSO Act. Appellant was on bail during trial Signed by: SEHAR HASEEN and has not misused the liberty granted to him. Signing time: 7/20/2022 There is no likelihood of 10:22:42 AM

hearing of the appeal in near future. With the aforesaid, prayer is made for suspension of the remaining custodial period of the appellant and grant of the bail to the appellant.

Learned Govt. Advocate for the respondent/state opposes the prayer for suspension of remaining jail sentence with the submission that prosecutrix was minor at the time of incident and offences alleged against the appellant are serious in nature. Hence, no case for suspension of sentence and grant of the bail to the appellant is made out .

Having considered the rival submission, statement of the prosecutrix recorded during investigation and the fact that initially on the report of

prosecutrix, offence u/S 354 of IPC was registered and later offence punishable u/S 376 of IPC as well as 3/4 of POCSO Act were enhanced, so also considering other facts and circumstances of the case , this Court is of the considered view that it is a fit case for suspension of the sentence and grant of bail to the appellant. Hence, without expressing any opinion on merits of the matter I.A.No.7144/2022 is allowed and jail sentence of the appellant shall remain suspended.

I t is directed that subject to depositing the fine amount, if already not deposited he shall be released on bail, on furnishing a personal bond in the sum of Rs.50,000/-(rupees fifty thousand only) along with a solvent surety in the like amount to the satisfaction of the trial Court, for his appearance before the Registry of this Court firstly on 29.09.2022 and on such other dates, as may be fixed by the Registry in this regard, till final disposal of this appeal.

List for final hearing in due course.

Signature Not Verified Signed by: SEHAR HASEEN C.c. as per rules.

Signing time: 7/20/2022 10:22:42 AM

(SATYENDRA KUMAR SINGH) JUDGE sh

Signature Not Verified Signed by: SEHAR HASEEN Signing time: 7/20/2022 10:22:42 AM