Roopsingh vs The State Of Madhya Pradesh
2022 Latest Caselaw 3874 MP

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 7354 of 2021 (ROOPSINGH Vs THE STATE OF MADHYA PRADESH)

Dated : 21-03-2022 Shri Rakesh Kumar Choudhary, counsel for the appellant. Ms. Seema Jaiswal, Panel Lawyer for the State.

Heard on the question of admission.

Appeal is admitted for hearing.

Heard on I.A.No. 21659/2021, which is first application for suspension of sentence filed on behalf of the appellant.

Appellant stands convicted vide judgment and finding dated 05.10.2021 passed by the Special Judge (POCSO Act), Ashta, District Sehore (MP) in S.C.No. 67/2019 for offence punishable under Sections 366 and 376(2)(n) of the Indian Penal Code and sentenced to undergo R.I. for 05 years and 10 years, respectively with fine and default stipulation.

Learned counsel for the appellant submits that the prosecutrix, in her statement under Section 164 of the Cr.P.C. has clearly stated that appellant had not taken her forcibly. Infact, she went with him on her own will. Further, in the medical report, there is no sign of injury, either internal or external, on the body of

the prosecutrix. Final disposal of this case would take considerable time, hence it is prayed that the substantive jail sentence of the appellant be suspended and he be released on bail.

Learned Panel Lawyer for the State has opposed the bail application. Considering the facts and circumstances of the case, particularly the statement of the prosecutrix coupled with other evidence available on record, without commenting upon the merits of the case, I.A. No. 21659/2021 is allowed and disposed of.

It is directed that on furnishing personal bond in the sum of Rs. 50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the trial Court, the remaining part of the substantive jail sentence imposed upon appellant - Roopsingh shall remain suspended during the pendency of this case and he be released on bail. Appellant shall appear before the trial Court on 27.07.2022 and on all such subsequent dates, as may be directed in this regard

during the pendency of this appeal.

List the case for hearing in due course.

(SMT. ANJULI PALO) JUDGE

vidya Digitally signed by SREEVIDYA Date: 2022.03.21 17:39:56 +05'30'