Madhya Pradesh High Court
Bhura Lal Bheel vs The State Of Madhya Pradesh on 27 June, 2022
Author: Anand Pathak
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 2161 of 2021
(BHURA LAL BHEEL Vs THE STATE OF MADHYA PRADESH)
Dated : 27-06-2022
Shri Rajnish Sharma, learned counsel for the appellant.
Shri Gopal Chaurasiya, learned PP for the respondent/State.
Heard on I.A.No.13608/2021, an application under Section 389(1) of
Cr.P.C. for suspension of jail sentence and grant of bail on behalf of appellant -
Bhura Lal Bheel.
This criminal appeal assails the judgment dated 17-03-2021 passed in
Special Case No.111/2018 by the Special Judge (POCSO Act)/Additional
Sessions Judge, Guna whereby appellant -Bhura Lal Bheel has been convicted
under Sections 363, 366-A of IPC and Section 5 read with Section 6 of
POCSO Act and sentenced to undergo 5 years RI with fine of Rs.5,000/-, 5
years RI with fine of Rs.5000/- and 10 years RI with fine of Rs.7,000/- with
default stipulation.
It is the submission of learned counsel for appellant that the trial Court
erred in convicting and awarding jail sentence to appellant. Learned counsel for
the appellant referred DNA report Ex-P/18 which stands negative and
incidentally in the said report male chromosome (Y) were found but that were
not matched with the appellant. Even otherwise medical report belies the
allegations where no injuries were reported and in absence of any cogent
evidence in respect of age of prosecutrix it cannot be inferred that prosecutrix
was minor. She lived for some days with the appellant without raising any alarm.
All these aspects have been ignored by the trial Court. Appellant already
suffered about 15 months incarceration and hearing of appeal shall time time.
Appellant undertakes that he shall abide by each and every terms and conditions
as imposed by this Court. Thus prayed for grant of suspension of sentence.
Learned counsel for the State opposed the application and prayed for its
dismissal.
Considering the submissions specially period of custody suffered by the
appellant and the fact that appellant has deposited fine amount before the trial
Court, this Court intends to allow the application for suspension of sentence
(I.A.No.13608/2021). If appellant - Bhura Lal Bheel furnishes bail bond in the
sum of Rs.50,000/- (Rupees Fifty Thousand Only) along with one surety of
the like amount to the satisfaction of the trial Court that he shall appear before
the Principal Registrar of this Court on 15-09-2022 and on all other subsequent
dates as may be fixed by the Office for appearance, then he shall be released on
bail and execution of jail sentence is suspended till disposal of this appeal.
Appellant shall not be source of embarrassment and harassment to
the complainant party in any manner and shall not move in their vicinity.
Copy of this order be sent to the trial Court concerned for information
and necessary compliance.
Certified copy as per rules.
(ANAND PATHAK)
JUDGE
Anil*
ANIL KUMAR
CHAURASIYA
2022.06.27
22:45:24
-07'00'
