Kamal vs The State Of Madhya Pradesh
2022 Latest Caselaw 3413 MP

1                            Cr.A.No.6329/2021
                          (Kamal Vs. State of M.P.)

Indore : Dated 10.3.2022
      Shri Aditya Kumar Bhargava, learned counsel for the appellant.
      Shri    Aakash     Sharma,     learned    Govt.Advocate   for    the
respondent/State.

Heard on admission.

The appeal is admitted for final hearing.

Also heard on I.A.No.27622/2021, an application for suspension of sentence and grant of bail to appellant.

The trial Court has convicted the appellant under Section 354 of IPC and sentenced to undergo one year RI with fine of Rs.500/- and under Section 9M/10 of the Protection of Children from Sexual Offences Act and sentenced to undergo five years' RI with fine of Rs.1,000/-, with default stipulation vide judgment of conviction and order of sentence dated 30.9.2021 passed by 15 th Addl.Sessions Judge & Special Judge (POCSO Act), Indore, District Indore in Special S.T. No.85/2013.

Prosecution story, in brief, is that appellant called the complainant's minor daughter prosecutrix aged about 16 years in his room and sexually assaulted her.

Learned counsel for the appellant submits that prosecution has not examined the main witness "Baba", who alleged to be saw the indcident. Other prosecution witness Dayabai has not supported the prosecution story. Learned counsel for the appellant submits that the trial Court has not properly appreciated the evidence available on record. The learned trial Court has committed error in holding the appellant guilty. The appellant was on bail during trial and he has not misused the liberty granted to him. The appellant has already suffered more than half of the sentence awarded to him. There is no likelihood of hearing of appeal in near future. In view of aforesaid, learned counsel for the appellant prays for suspension of remaining jail sentence and grant of the bail to the appellant.

(Kamal Vs. State of M.P.)

Learned counsel appearing for the respondent/State has opposed the prayer.

Considering the rival submissions, material produced on record and the fact that appellant has already suffered more than half of the sentence awarded to him, there is no likelihood of hearing of appeal in near future, without expressing any opinion on merits of the matter I.A.No.27622/2021 is allowed and jail sentence of the appellant shall remain suspended.

It 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 trial Court, for his appearance before the Registry of this Court firstly on 09.05.2022, and on such other dates, as may be fixed by the Registry in this regard, till final disposal of this appeal.

I.A.No.27622/2021 is allowed.

List for final hearing in due course.

C.C. as per rules.

(Satyendra Kumar Singh) Judge

Patil

Digitally signed by SHAILESH PATIL Date: 2022.03.10 16:22:12 +05'30'