Umesh Yadav vs The State Of Madhya Pradesh
2022 Latest Caselaw 6586 MP

                                                                      01

         THE HIGH COURT OF MADHYA PRADESH
                            CRA 4485/21
                    (Umesh Yadav Vs. State of M.P.)

Gwalior, Dated: 2.5.2022
      Shri Ramkishore Sharma, learned counsel for appellant.

      Shri    Naval     Kishore,     learned   Public   Prosecutor    for

respondent/State.

Per Justice Deepak Kumar Agarwal:

IA. No.2335/2022, 1st application under Section 389 of Cr.P.C. for

suspension of sentence and grant of bail filed on behalf of appellant-

Umesh Yadav is taken up and considered.

This criminal appeal assails the judgment dated 20.07.2021

passed in S.T.No.24/2020 by the Special Judge (POCSO Act), Gohad

District Bhind whereby appellant has been convicted and sentenced as

under with default stipulation :-

      Sections (IPC)            Imprisonment              Fine
   376(2)(f) of IPC      L.I.                    Rs.2000/- with default
                                                 stipulation for six
                                                 months
   363 of IPC            Five years R.I.         Rs.1000/- with default
                                                 stipulation for six
                                                 months
   366-A of IPC          Ten years R.I.          Rs.2000/- with default
                                                 stipulation for two
                                                 years

Brief facts of the case are that 25.7.15 at 4 pm complainant lodged

a report at Police Station Mau District bhind against unknown persons

that his daughter prosecutirx aged about 16 years on 24.7.15 at 12 noon

went from her house for dental check up but did not return. Somebody

persuaded her to come with him. On report crime No. 186/15 for the

offence punsihable under Section 363, 366, 376, 344, 302, 34 of IPC

was registered. Her dead body was found at Allahabad. Postmortem was

conducted. Merg undre Section 174 crpc was recorded. During

investigation deceased was brought by her husband in the hospital. As

per postmortem report, she died due to asphyxia. During trial statement

of prosecutrix could not be recorded. Appellant was convicted on

20.07.21 for the aforesaid offences.

From the side of appellant it is submitted that appellant has been

falsely implicated. He was acquitted of the charge under Section 302 of

IPC. Present appeal is of 2021 and final outcome will take time.

Appellant is in custody for more than four years. Under these

circumstances, he prays for suspension of sentence and grant of bail. .

Under these circumstances, he prays for suspension of sentence and

grant of bail.

Learned counsel for the State opposed the application and prayed

for its rejection by contending that on the basis of the allegations and the

material available on record, no case for grant of bail is made out.

Considering the facts and circumstances of the case, but without

commenting anything on the merits of the case, IA.No.2335/2022 is

allowed and it is directed that jail sentence of appellant-Umesh Yadav

will remain under suspension subject to verification that the amount of

fine has been deposited, on appellant's furnishing bail bond of

Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety of

the like amount to the satisfaction of concerned Trial Court for his

appearance before the Principal Registrar of this Court on 29th August,

2022 and thereafter on such further dates as may be fixed by the office

of this Court in this regard till disposal of the appeal.

C.c. as per rules.

               (Rohit Arya)             (Deepak Kumar Agarwal)
                 Judge                          Judge
ojha


       YOGENDRA
       OJHA
       2022.05.02
       20:07:55
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