Ravi vs The State Of Madhya Pradesh
2022 Latest Caselaw 7418 MP

                                                     1                                   CRA No.6896/2021



              High Court of Madhya Pradesh, Jabalpur
                          Bench at Indore
            Criminal Appeal No.6896/2021
Indore, Dated 19.05.2022
        Shri Ashish Gupta, learned counsel for appellant Ravi S/o
Dhanalal Makwana.
        Shri Kamal Kumar Tiwari, learned Government Advocate for
the respondent / State of Madhya Pradesh.

Heard on IA No.2986/2022, first application under Section 389 (1) of the Code of Criminal Procedure, 1973 for suspension of jail sentence and grant of bail filed on behalf of the appellant.

The present appellant has been convicted and sentenced by learned Special Judge (POCSO Act), Dharampuri, District Dhar (MP) in Sessions Trial No.02/2020 vide judgment dated 14 th September, 2021, as under: -

                 Conviction                              Sentence
    Section           Act       RI        Fine            Imprisonment in lieu of fine
                                         amount
      363             IPC     5 years   Rs.2,000/-                  6 months RI
      366             IPC     5 years   Rs.2,000/-                  6 months RI
   376 (2) (n)        IPC      Life     Rs.5,000/-                  6 months RI
   5 (L) r/w 6    POCSO Act    Life     Rs.5,000/-                  6 months RI

The allegation against the appellant is that of abduction and rape on the prosecutrix.

Learned counsel for the appellant has submitted that the prosecutrix though was a consenting party, which is apparent from her deposition in the Court and has stayed with the appellant for a

period of 2 ½ months and regarding her age, no cogent document has been placed on record and even according to the prosecution, the age of the prosecutrix was 17 years and 4 months at the time of incident.

Thus, it is submitted that the sentence imposed on the appellant may be suspended.

Learned counsel for the respondent / State of Madhya Pradesh, on the other hand, has opposed the prayer.

Having considered the rival submissions and on perusal of the record including the deposition of the prosecutrix (PW-3) and PW-7 Vijay Kumar Gupta, who was the Deputy Principal of Shri N.G. Jain, Higher Secondary School, Dhamnod, this Court finds force with the contentions raised by the counsel for the appellant. In view of the same, the application for suspension of custodial sentence deserves to be allowed.

Accordingly, without expressing any opinion on merits of the case, IA No.2986/2022 is allowed, subject to depositing the fine amount, if any, and it is directed that on furnishing a personal bond by the appellant in the sum of Rs.50,000/- (Rupees fifty thousand only) with a solvent surety in the like amount to the satisfaction of the learned trial Court, for his / her regular appearance before concerned trial Court, the execution of the custodial part of the sentence imposed against the appellant shall remain suspended, till the final disposal of this appeal.

The appellant, after being enlarged on bail, shall mark his /

her presence before the concerned trial Court on 11.08.2022 and on all such subsequent dates, as may be fixed by the concerned Court in this regard.

It is also observed that if the appellant (s) is found in any of the criminal activities, after his release on bail / suspension of sentence, then the present bail / suspension order shall stand cancelled without further reference to this Court; and the State / prosecution will be free to arrest the accused in the present case also.

Pending interlocutory application for urgent hearing & during vacation, if any, shall stand disposed of.

C. c. as per rules.

                              (Subodh Abhyankar)                               (Anil Verma)
                                Vacation Judge                                Vacation Judge
rcp




RAMESH CHANDRA PITHWE
2022.05.20 16:21:47 +05'30'