Sonu @ Jitendra vs The State Of Madhya Pradesh
2022 Latest Caselaw 12933 MP

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            IN THE HIGH COURT OF MADHYA PRADESH
                               AT INDORE
                      CRIMINAL APPEAL No.971/2022
              ( Sonu @ Jitendra Vs. The State of Madhya Pradesh)
Dated: 26-09-2022
      Shri Akash Rathi, learned counsel for the appellant.
      Shri Bhaskar Agrawal, learned Govt. Advocate for the
respondent/State.

Heard on I.A.No.4696/2022, which is the first application under Section 389(1) of the Cr.P.C. for grant of suspension jail sentence at the instance of the sole appellant.

The appellant has been convicted by the second Additional Sessions Judge Shujalpur, District-Shajapur vide judgment dated 08.1.2022 passed in S.T. No.39/2020 and sentenced him as under:-

       Conviction                           Sentence
  Section       Act      Imprisonment           Fine         Imprisonment
                                                             in lieu of fine
      366       IPC       5 Years RI           2,000/-       02 months RI
  376(3)        IPC       22 Years RI          3,000/-       03 months RI
  5(L)/6      POCSO       22 Years RI          3,000/-       03 months RI

Counsel for the appellant has submitted that the prosecutrix was a consenting party which is apparent from the deposition of the prosecutrix,who according to the appellant

was major at the time of the incident as her mark sheet Ex.P/5 has also been interpolated and her age is corrected from 1.5.2001 to 2.2.2004. Counsel has further submitted that the final hearing of the appeal is likely to take a long time. In such circumstances, it is submitted that the application be allowed and the jail sentence of the appellant be suspended.

Counsel for the respondent/State has opposed the prayer and it is submitted that the DNA report is positive and the court has relied upon the scholar register of the prosecutrix in which the date of the prosecutrix is 2.4.2004.

On considering the aforesaid submissions, on perusal of the record, this Court finds forced with the contention raised by the counsel for the appellant. Thus, it would be expedient to suspend the jail sentence of the appellant. Accordingly, the application I.A.No.4696/2022 is allowed.

It is directed that on furnishing a personal bond by the appellant in the sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with a solvent surety in the like amount to the satisfaction of the learned trial Court, for his 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 presence before the concerned trial Court on 20.12.2022 and on all such subsequent dates, as may be fixed by the concerned Court in this regard.

Certified copy, as per rules.

          (SUBODH ABHYANKAR)                                          (SATYENDRA KUMAR SINGH )
                JUDGE                                                         JUDGE

moni

       MONI
                 Digitally signed by MONI RAJU

DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH INDORE, ou=JUDICIAL, postalCode=452001, st=Madhya Pradesh, 2.5.4.20=6fb601f03d4083a3289219d85392bac3bde1be8a5 3bd80aeba7af5a5244844c1,

RAJU pseudonym=85E21E23646B47526A49E99D9182D0AE8AB D62D1, serialNumber=3BFD07BEC0C790E4AEA8CB122D629549D1 067813B2AE8FB016F1BF08EE881126, cn=MONI RAJU Date: 2022.09.26 17:59:32 +05'30'