Arjun vs The State Of Madhya Pradesh
2022 Latest Caselaw 12961 MP

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            IN THE HIGH COURT OF MADHYA PRADESH
                               AT INDORE
                      CRIMINAL APPEAL No.5008/2021
                    (Arjun Vs. The State of Madhya Pradesh)
Dated: 26-09-2022
      Shri Manoj Saxena, learned counsel for the appellant.
      Shri Bhaskar Agrawal, learned Govt. Advocate for the
respondent/State.

Heard on I.A.No.4759/2022, 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 22.7.2021 passed in S.T. No.10/2020 and sentenced him as under:-

       Conviction                            Sentence
  Section       Act      Imprisonment           Fine          Imprisonment
                                                              in lieu of fine
      450       IPC        5 Years RI          2,000/-        02 months RI
      3/4     POCSO       12 Years RI          5,000/-        04 months RI

Counsel for the appellant has submitted that the prosecutrix was a consenting party and was major at the time of the incident and only after her younger brother came on the

spot she asked him to her father and hence false case has been registered against the appellant. 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 on the other hand, has opposed the prayer and it is submitted that the DNA report is positive hence, no case for suspension of jail sentence is made out.

On considering the aforesaid submissions, on perusal of the record, considering the fact that in support of the age of the prosecutrix only scholar register has been produced, this Court finds it would be expedient to suspend the jail sentence of the appellant. Accordingly, the application I.A.No.4759/2022 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

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       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=6fb601f03d4083a3289219d85392bac3bde1be8a53 bd80aeba7af5a5244844c1,

RAJU pseudonym=85E21E23646B47526A49E99D9182D0AE8ABD 62D1, serialNumber=3BFD07BEC0C790E4AEA8CB122D629549D10 67813B2AE8FB016F1BF08EE881126, cn=MONI RAJU Date: 2022.09.26 18:00:14 +05'30'