Sonu Shakyavar vs The State Of Madhya Pradesh
2023 Latest Caselaw 6384 MP

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   IN THE HIGH COURT OF MADHYA PRADESH
                         AT GWALIOR
                          CRA-4311-2023
      (SONU SHAKYAVAR Vs . STATE OF MADHYA PRADESH)

DATED:- 20-04-2023

      Shri R.K. Sharma- Advocate for the appellant.
      Shri Pramod Pachauri- Public Prosecutor for the
respondent/State.

Heard on the question of admission.

Appeal seems to be arguable, hence, it is admitted for final hearing.

Learned Public Prosecutor for the respondent/State accepts notice on behalf of the respondent/State.

Record of the trial Court is available.

Also heard on I.A. No.5633/2023, 1st application under Section 389 (1) of Cr.P.C. for suspension of sentence and grant of bail moved on behalf of the sole appellant- Sonu Shakyavar.

This appeal under Section 374 (2) of Cr.P.C. has been preferred against the judgment dated 06/03/2023 passed by learned 6th Additional Sessions Judge & Special Judge (POCSO), Bhind, District- Bhind (M.P.) in S.T. No.150/2020, whereby the appellant has been convicted and sentenced as under:-

Section Sentence Fine (Rs.) Default Stipulation

376(1) of IPC 10 Years RI 2,500/- 6 Months' RI 3/4 of POCSO Act 10 Years RI 2,500/- 6 Months' RI Prosecution story, in short, is that on 18/04/2019, father and

mother of the prosecutrix had gone to the field. There was a marriage at the house of neighbor- Shankar in which Shankar's relative accused/appellant- Sonu was also come to attend the marriage. At about 12:00 PM in the afternoon, appellant came inside the house of prosecutrix by jumping the wall of her house and shut her mouth and said that if she screams, he will kill her. Appellant- Sonu Shakyawar forcibly took off her clothes and misbehaved with her and took out her photographs and threatened to get the same viralled. Due to fear, she did not narrate the incident to anyone. On the basis of aforesaid, FIR has been registered against the appellant. She was sent for medical examination. Appellant was arrested and after investigation , charge-sheet has been submitted. There is some discrepancy in the statements of the prosecutrix recorded under Section 161 of Cr.P.C. and 164 of Cr.P.C. Statements of the prosecutrix (PW-1) as well as her parents i.e. mother (PW-2), father (PW-4) and brother (PW-

3)were recorded and all the them have turned hostile and did not support the prosecution version. Appellant has only been convicted on the basis of DNA report which was found to be positive.

Learned counsel for the appellant submits that appellant has been falsely implicated in this case. Appellant has been wrongly convicted by the learned trial Court. The appellant was on bail during trial and he did not misuse the liberty granted to him. Appellant remained in custody for about 43 days during trial and now he is in custody from the date of passing of the impugned judgment. There are fair chances of success of this appeal. The appeal is of the year 2023 which may take long time for its conclusion and the appellant cannot be kept in custody for an unlimited period. Under these circumstances, the execution of

remaining jail sentence be suspended and the appellant be released on bail.

On the other hand, learned Public Prosecutor appearing on behalf of the respondent/State opposed the bail application and prayed for rejection of this application.

Keeping in view of the aforesaid submissions of learned counsel for the parties and the fact that an early hearing of this case is not possible, IA is allowed.

It is, therefore, directed that if appellant deposits the entire fine amount, if not already deposited, and furnishes a personal bond in the sum of Rs.25,000/-(Rupees Twenty Five Thousand Only) with one solvent surety of the like amount to the satisfaction of trial Court for his appearance before the Registry of this Court on 4th of September, 2023 and on such subsequent dates as may be fixed in this regard, sentence of imprisonment awarded to him, shall remain suspended till disposal of this appeal and appellant shall be released on bail.

IA stands allowed and disposed of.

Certified copy as per rules.

(DEEPAK KUMAR AGARWAL) JUDGE RAHUL Digitally signed by RAHUL SINGH PARIHAR DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA

rahul PRADESH BENCH GWALIOR, postalCode=474001,

SINGH st=Madhya Pradesh, 2.5.4.20=eac942476567cd1b39b3da46068403462fdf82 ab676d0cde4dee473fe77953f5, pseudonym=68E0B84BAE73376CD071289B3D9FE728C E00D487,

PARIHAR serialNumber=0275C4F803F94C47998BE5C534E21BDE D910FD4AB9D159B55575E814D05B2EED, cn=RAHUL SINGH PARIHAR Date: 2023.04.21 17:27:12 +05'30'