Anand @ Kallu vs The State Of Madhya Pradesh
2022 Latest Caselaw 3025 MP

                                                                                          CRA No.2671/2021
                                                      1

                    High Court of Madhya Pradesh, Jabalpur
                                Bench at Indore
               Criminal Appeal No.2671/2021
Indore, Dated 03.03.2022
       Shri Deepak Borasi, learned counsel for appellant Anand @ Kallu s/o

Kamal Singh Chouhan.

       Shri Mukesh Kumawat, learned Government Advocate for the

respondent / State of Madhya Pradesh.

Heard on IA No.2581/2022, a repeat (second) application under

Section 389 (1) of the Code of Criminal Procedure, 1973 for suspension of

jail sentence and grant of bail filed on behalf of the appellant.

The present appellant has been convicted and sentenced by learned

Special Judge [POCSO Act] Dr. Ambedkar Nagar, District Indore (MP) in

Special Sessions Trial No.SC/61/2020 vide judgment dated 13 th March,

2021, as under: -

                 Conviction                               Sentence
    Section            Act      RI         Fine            Imprisonment in lieu of fine
                                          amount
      363              IPC    7 years    Rs.1,000/-                  1 month RI
      366              IPC    10 years   Rs.1,000/-                  1 month RI
   376 (2) (N)         IPC    10 years   Rs.2,000/-                  2 months RI

Counsel for the appellant has submitted that his earlier application

(IA No.8754/2021) has been dismissed by this Court as withdrawn on

06.09.2021.

Counsel has submitted that the appellant is lodged in jail since

13.03.2021 and during the course of trial he was also on bail.

It is submitted that the prosecutrix has stayed with the appellant for a CRA No.2671/2021

period of around eleven days and was a consenting party. Her date of birth

is also disputed; and according to the prosecution, she is around 17 years.

However, no cogent document has been placed on record.

Counsel has submitted that the final disposal of this appeal is likely to

take sufficiently long time and the appellant has not misused the liberty

extended to him during the course of trial.

Thus, counsel for the appellant prays for suspension of jail sentence

of the appellant and grant of bail to him.

Counsel for the respondent / State of Madhya Pradesh, on the other

hand, opposed the prayer.

Having considered rival submissions and on perusal of the statement

of the prosecutrix PW-1 as also the findings recorded by the learned Judge

of the trial Court regarding the age of the prosecutrix, which appears to be

arguable, this Court is of the considered opinion that the application for

suspension of custodial sentence deserves to be allowed.

Accordingly, without expressing any opinion on merits of the case,

IA No.2581/2022 is allowed, subject to depositing the fine amount, if any,

and it is directed that on furnishing a personal bond by the appellant in the

sum of Rs.25,000/- (Rupees twenty five thousand only) with a solvent

surety in the like amount to the satisfaction of the learned trial Court, for his

/ her regular appearance before concerned trial Court, the execution of the

custodial part of the sentence imposed against the appellant (s) shall remain

suspended, till the final disposal of this appeal.

CRA No.2671/2021

The appellant (s), after being enlarged on bail, shall mark his / her

presence before the concerned trial Court on 11.05.2022 and on all such

subsequent dates, as may be fixed by the concerned Court in this regard.

C. c. as per rules.

(Subodh Abhyankar) Judge rcp

RAMESH CHANDRA PITHWE 2022.03.04 17:47:32 +05'30'