Surendra vs The State Of Madhya Pradesh
2022 Latest Caselaw 3669 MP

The High Court Of Madhya Pradesh CRA No. 4321 of 2021 (SURENDRA Vs THE STATE OF MADHYA PRADESH)

Jabalpur, Dated : 15-03-2022 Mr. Anoop Kumar Saxena, learned counsel for the appellant.

Ms. Sunanda Kesharwani, learned Panel Lawyer for the State. Record of Court below is available.

Heard on the question of admission.

The appeal is admitted for hearing.

Considered I.A.No.2158/2022, which is first application under Section 389(1) of Cr.P.C. for suspension of sentence and grant of bail on behalf of appellant - Surendra.

By the impugned judgment dated 30.06.2021 passed by Special Judge POCSO Act, Bijawar, District Chhatarpur (M.P.) in S.T. No.300085/2015 (Registration S.C.No.51/2017) the appellant has been convicted for offences under Sections 363, 366 and 376(2)(i)(n) of the I.P.C. and sentenced to undergo R.I. for 2 years with fine of Rs.1000/-, R.I. for 3 years with fine of Rs.1000/-, R.I. for 10 years with fine of Rs.5000/- respectively, with default

stipulations.

Learned counsel for the appellant has submitted that appellant is innocent and has been falsely implicated in the crime in question. The trial Court has not properly appreciated the oral and documentary evidence available on record. This is final disposal of this appeal would take considerable time. Therefore, prayer has been made to suspend the sentence of the appellant.

Learned Panel Lawyer has opposed the prayer for suspension of sentence.

Heard both the parties. There is a dispute regarding the age of the

prosecutrix. As per her school record, she was 15 1/2 years old at the time of incident and as per ossification report, age of the prosecutrix was 17 to 18 years at the time of incident. It seems from the prosecution story that she was

in love relationship with the appellant. She went with the appellant on her will along with ornaments of her mother and resided with him as his wife.

Considering the overall facts and circumstances of the case and the final disposal of this appeal would take considerable time, without commenting on

merits of the case, the application is allowed.

It is directed subject to deposit of fine amount, if not already deposited, and on furnishing a personal bond in the 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 remaining part of the substantive jail sentence imposed upon appellant - Surendra shall remain suspended duri ng the pendency of this appeal and he be released on bail.

The appellant shall appear before the concerned trial Court on 25.07.2022 and on all subsequent dates, as may be fixed in this regard during the pendency of this appeal.

Accordingly, I.A.No.2158/2022 stands allowed and disposed of. List the case for final hearing in due course.

(SMT. ANJULI PALO) JUDGE

shahina

Signature Not Verified SAN

Digitally signed by SHAHINA KHAN Date: 2022.03.16 16:17:41 IST