Madhya Pradesh High Court
Anusuiya Jaiswal vs The State Of Madhya Pradesh on 30 May, 2022
Author: Maninder S Bhatti
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 1905 of 2022
(ANUSUIYA JAISWAL Vs THE STATE OF MADHYA PRADESH)
Dated : 30-05-2022
Shri Sanjeev Singh, learned counsel for the appellant.
Shri Akhilesh Kumar Singh, learned counsel for the objector.
Shri D.K. Paroha, learned Government Advocate for the
respondent/State.
Trial Court record has been received.
Heard on admission.
This appeal is admitted for final hearing.
Heard on I.A. No. 9334/2022, an application for urgent hearing and
urgent relief during summer vacation.
On due consideration, I.A. No. 9334/2022 is allowed.
Also heard on I.A.No. 8086/2022, an application under Section 389(1)
of the Cr.P.C. for suspension of sentence and grant of bail to the appellant.
The appellant has been convicted under Section 5(B), 6 of POCSO Act,
2012 and has been sentenced to undergo R.I. for 20 years and fine of Rs.
1000/- with default stipulation by Special Judge (Protection of Children From
Sexual Offences, Act, 2012), Mauganj District Rewa vide judgment dated
12.02.2022 passed in Special Case No. 07/2020 (State of MP Vs. Anusuiya
Jaiswal).
Learned counsel for the appellant has submitted that victim is his wife,
she was major at the time of commission of offence. The evidence of
prosecution witnesses suffered from material omissions and contradictions.
Prosecutrix on her own will has entered into compromise on 23.03.2021.
Compromise application was filed before the trial Court. Same was allowed by
the trial court and appellant was acquitted for the offence under Section 506 of
IPC. Appellant and complainant have solemnized marriage on 11.11.2019. They
are blessed with one son who was born on 11.11.2020. They are living together
peacefully. There is no one to take care of his wife and his son. Learned
counsel further submitted that he has fair chance to succeed in appeal. There is
no possibility of coming this appeal for hearing in near future. If the jail sentence
is not suspended, his family would suffer a lot.
Learned counsel for the objector has supported the plea of release of
appellant on bail pending the appeal. He has submitted that there is no one to
take care of victim wife and minor son of appellant. Appellant is only
breadwinner for the family. Therefore, it has been prayed that appellant be
released on bail.
On the other hand, learned Government Advocate has opposed the said
bail application.
On perusal of para 2 of the impugned judgment, it is apparent that victim
has entered into compromise with the appellant/accused. They have solemnized
marriage and are blessed with one son who is almost two years old. There is no
one in the family to take care of the victim wife and minor son. Therefore,
without expressing any opinion on the merit of the case. Having considered all
the facts and circumstances of the case, we deem it proper to suspend the
remaining jail sentence of the appellant because final hearing of this appeal is
not possible in near future.
Accordingly, I.A.No. 8086/2022 is allowed. The execution of jail
sentence of appellant-Anusuiya Jaiswal is hereby suspended subject to
depositing of the fine amount, (if not already deposited). It is directed that
the appellant be released on bail on his furnishing a personal bond to a sum of
Rs.50,000/- (Rupees Fifty thousand only) with one solvent surety of the like
amount to the satisfaction of the trial court with a further direction to appear
before the trial Court on 26.09.2022 and also on such other dates, as may be
fixed by that Court in this regard during the pendency of this appeal.
List the case for final hearing in due course as per listing policy.
Certified copy as per rules.
(MANINDER S BHATTI) (DINESH KUMAR PALIWAL)
V. JUDGE V. JUDGE
L.R.
Digitally signed by LALIT
SINGH RANA
Date: 2022.05.31 11:34:25
+05'30'
