Madhya Pradesh High Court
Mohit vs The State Of Madhya Pradesh on 11 May, 2022
Author: Satyendra Kumar Singh
1 Cr.A.No.3915/2018
(Moinuddin Sheikh Vs. State of M.P.)
Indore : Dated 11.5.2022
Shri Dharmendra Keharwar, learned counsel for the appellant.
Shri Pranay Joshi, learned Panel Lawyer for the
respondent/State.
Appellant's first application (I.A.No.7842/2018) was dismissed
on merits vide order dated 3.1.2019 and second application
(I.A.No.4749/2020) was dismissed as withdrawn vide order dated
6.8.2020.
Heard on I.A.No.1930/2022, which is third application for grant
of suspension of sentence filed on behalf of appellant.
The trial Court has convicted the appellant under Section 5(L)/6
of the Protection of Children from Sexual Offences Act and sentenced
to undergo ten years' RI with fine of Rs.5,000/-, with default
stipulation, vide judgment of conviction and order of sentence dated
5.2.2018 passed by Sessions Judge/Special Judge (POCSO Act),
Dewas, District Dewas in Special S.T.No.51/2017.
Prosecution case, in brief, is that in between 16.9.2016 to
28.10.2016 appellant threatened minor prosecutrix aged about 14
years and committed rape upon her repeatedly.
Learned counsel for the appellant submits that as per
ossification test report prosecutrix's age was found in between 15. to
19 years. DNA test report does not support the prosecution case.
Appellant is in custody since 115.12.2016 and has suffered about five
(Moinuddin Sheikh Vs. State of M.P.)
years and five months actual sentence, which is more than 50% of the
total 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.
Learned counsel appearing for the respondent/State has opposed
the prayer and submits that prosecutrix was minor at the time of
incident and looking to the nature of allegations the appellant is not
entitled for bail.
Having considered the rival submissions, material produced on
record specially evidence produced against the appellant with regard
to age of the prosecutrix, DNA test report and also considering the
period of custody and he has suffered more than 50% of the sentence
awarded to him, there is no likelihood of hearing of appeal in near
future, but without expressing any opinion on merits of the case, the
application I.A.No.1930/2022 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
personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand
Only) along with solvent surety in the like amount to the satisfaction
of trial Court, for his appearance before the Registry of this Court
(Moinuddin Sheikh Vs. State of M.P.)
firstly on 4.7.2022, and on such other dates, as may be fixed by the
Registry in this regard, till final disposal of this appeal.
I.A.No.1930/2022 is allowed.
List in due course.
C.C. as per rules.
(Satyendra Kumar Singh)
Judge
Patil
Digitally signed by
SHAILESH PATIL
Date: 2022.05.12
12:18:51 +05'30'
