Madhya Pradesh High Court
Lalji @Nanu (Nanhu)Kol vs The State Of Madhya Pradesh on 23 March, 2022
Author: Anjuli Palo
1
IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
CRA No. 566 of 2022
(LALJI @NANU (NANHU)KOL Vs THE STATE OF MADHYA PRADESH)
Dated : 23-03-2022
Shri Kaustubh Singh, counsel for the appellant.
Ms. Nalini Gurang, Panel Lawyer for the respondent/State.
Prosecutrix is present in person before this Court along with her counsel
Shri Vikas Mishra, Advocate.
Heard on the question of admission.
Appeal seems to be arguable, hence admitted for hearing.
Heard on I.A.No. 840/2022, which is first application for suspension of
sentence filed on behalf of the appellant.
Appellant stands convicted vide judgment and finding dated 08.11.2021
passed by the Special Judge (POCSO Act), Annupur, District Annupur (MP) in
SPL Case No. 51/2016 for committing offence punishable under Sections 363, 366
and 376(2)(i)(n) of the Indian Penal Code and sentenced to undergo R.I. for 02
years and 10 years, respectively with fine and default stipulation.
Learned counsel for the appellant submits that the prosecutrix, in her
statement, has stated that the appellant has not committed rape with her.
Independent witnesses have also not supported the case of the prosecution. 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.
The prosecutrix who is present before this Court along with her counsel
submitted that her marriage has been solemnized with the appellant during the trial
and she has given birth to their two children. Learned counsel for the objector has
produced birth certificates of the children where name of the appellant is
mentioned as 'father' and name of the prosecutrix is mentioned as 'mother' of the
children. It is further stated that the prosecutrix is presently residing with the family
of the appellant and she has no objection in case the appellant is released on bail.
Considering the facts and circumstances of the case, particularly the
statement of the prosecutrix, without commenting upon the merits of the case, I.A.
No. 840/2022 is allowed and disposed of.
It is directed that on furnishing personal bond in the sum of Rs. 40,000/-
(Rupees Forty 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 - Lalji @ Nanu (Nanhu) Kol shall remain suspended
during the pendency of this case and he shall be released on bail. Appellant shall
appear before the trial Court on 29.07.2022 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: 2022.03.23
17:16:02 +05'30'
