Manoj Kumar Malik vs The State Of Madhya Pradesh
2022 Latest Caselaw 8200 MP

                                                                         1
                                                 IN THE HIGH COURT OF MADHYA PRADESH
                                                              AT JABALPUR
                                                                 CRA No. 2503 of 2022
                                                (MANOJ KUMAR MALIK Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                                   Dated : 21-06-2022
                                         Ms. Ranno Rajak, learned counsel for the appellant.

                                         Ms.Shanti Tiwari, learned Panel Lawyer for the respondent-State.

Heard on the question of admission.

The appeal is admitted for hearing.

Also heard on I.A.No.4523/2022, an application under section 389(1) of Cr.P.C. for suspension of sentence and grant of bail.

The appellant has been convicted by the trial Court under Section 363 of IPC and Sections 366, 376(2)(n) of IPC and sentenced to R.I. for 5 years with fine of Rs.1000/- and R.I. for 10 years with fine of Rs.4,000/-, under Section 6 r/w 5(1) of POCSO Act, with default stipulation.

Learned counsel for the appellant submitted that appellant is innocent and has been falsely implicated in the crime in question. The trial Court has not properly appreciated the evidence available on record and proceeded to pass the impugned judgment. The appellant is in custody from the date of judgment i.e. 08.02.2022. The final disposal of instant appeal would take considerable

time. Therefore, prayer has been made to suspend the jail sentence of the appellant.

Learned Panel Lawyer has opposed the prayer for bail and supported the judgment of conviction and order of sentence passed by the trial Court.

From perusal of the ossification test report, age of the prosecutrix is Signature Not Verified SAN found more than 18 years although as per school record her age was about 16 Digitally signed by VARSHA DUBEY Date: 2022.06.21 18:42:30 IST years. No external injuries have been found on the body of the prosecutrix.

Looking to the facts and circumstances of the case, age of the prosecutrix and after considering the statement of the prosecutrix and other circumstances of the case, without commenting on merits of the case, the application is allowed.

It is directed that on depositing the fine amount, if not already deposited, and on furnishing a personal bond in the sum of Rs.40,000/- (Rupees Forty Thousand Only) with a surety in the like amount to the satisfaction of the trial Court concerned, the remaining part of the substantive jail sentence imposed upon appellant shall remain suspended during the pendency of this case and he be released on bail. The appellant shall appear before the Registry of this Court

o n 03.11.2022 and on all subsequent dates, as may be fixed in this regard during the pendency of this appeal.

List the case for hearing in due course.

(SMT. ANJULI PALO) JUDGE

VD

Signature Not Verified SAN

Digitally signed by VARSHA DUBEY Date: 2022.06.21 18:42:30 IST