Krishna @ Kishan Lal vs The State Of Madhya Pradesh
2022 Latest Caselaw 8282 MP

                                                                         1
                                                 IN THE HIGH COURT OF MADHYA PRADESH
                                                              AT JABALPUR
                                                                 CRA No. 3219 of 2022
                                                     (KRISHNA @ KISHAN LAL Vs THE STATE OF MADHYA PRADESH)

                                     Dated : 22-06-2022
                                           Ms.Savita Choudhary, learned counsel for the appellant.

                                           Mr.Himanshu Tiwari, learned P.L. for the respondent/State.

Record has been received.

Heard on the question of admission. The appeal is admitted for hearing. Considered I.A.No.5927/2022, which is first application u/s 389(1) Cr.P.C. for suspension of sentence and grant of bail on behalf of appellant-

Krishna @ Kishan Lal.

By the impugned judgment dated 31.3.2022 passed in Special Case No.131/2017 by Special Judge (POCSO Act), Jabalpur the appellant has been convicted for offence u/s 376 of IPC and sentenced to undergo RI for 10 years and fine of Rs.2000/- with default stipulation.

Learned counsel for the appellant submitted that appellant is innocent and has been falsely implicated in the crime in question. The appellant is 23 years of age. The prosecutrix is major and was a consenting party. Medical documents did not support the prosecution case. Photographs have supported the defence

version. The final disposal of this appeal would take considerable time. Hence, prayer has been made to suspend the jail sentence of the appellant.

Learned Panel Lawyer has opposed the prayer of suspension. Considering the over all facts and circumstances of the case; documents reflect that prosecutrix was consenting party; the Doctor did not find any Signature Not Verified SAN external injury on body of the prosecutrix; photographs support the defence Digitally signed by RAJESH MAMTANI Date: 2022.06.22 19:25:10 IST version; prosecutrix is major; and disposal of appeal would take considerable

time, without commenting on merits of the case, the application is allowed.

I t is directed that subject to depositing the fine amount, if not already deposited, and on furnishing a personal bond in a sum of Rs.40,000/- (Rupees Forty Thousand only) with one surety in the like amount to the satisfaction of the trial Court concerned, the custodial sentence of appellant, namely, Krishna @ Kishan Lal shall remain suspended and he shall be released on bail for securing his presence before the concerned trial Court on 04.11.2022 and on such other dates as may be fixed in this regard during pendency of this appeal.

The appellant shall regularly appear before the concerned trial Court on each and every date, as may be directed by that court without fail.

Accordingly, the application I.A. No.5927/2022 is allowed. List the case for final hearing in due course.

(SMT. ANJULI PALO) JUDGE

RM

Signature Not Verified SAN

Digitally signed by RAJESH MAMTANI Date: 2022.06.22 19:25:10 IST