Madhya Pradesh High Court
Dharmendra vs The State Of Madhya Pradesh on 21 April, 2023
Author: Sushrut Arvind Dharmadhikari
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
CRA No. 11993 of 2022
(DHARMENDRA Vs THE STATE OF MADHYA PRADESH)
Dated : 21-04-2023
Ms. Vibha Bharuka, learned counsel for the appellant.
Shri Kamal Kumar Tiwari, learned Govt. Advocate for the
respondent/State.
Ms. Hemlata Gupta, learned counsel for the Objector.
Heard on I.A. No.16276/2022 which is first application for suspension of
sentence and grant of bail filed under section 389(1) of the Cr.P.C. on behalf of
appellant-Dharmendra.
The trial Court has convicted the appellant vide judgment of conviction
and order of sentence dated 09.11.2022 passed by the Special Judge, POCSO
Act, Dhar in S.C.No.135/2020 as under:-
Conviction Imprisonment in
Sentence Fine
Section/ Act lieu of fine
363 of the IPC 5 years R.I. Rs.500/- 1 year R.I.
366 of the IPC 7 years R.I. Rs.500/- 1 year R.I.
3/4 of the POCSO
20 years R.I. Rs.1,000/- 2 year R.I.
Act
5(L)/6 of the
20 years R.I. Rs.1,000/- 2 year R.I.
POCSO Act
As per prosecution case, at the time of incident prosecutrix (P.W.-1) was
aged about 15 years and 9 months. Prior to the incident the present appellant
and prosecutrix knew each other and on 14.02.2020 present appellant
kidnapped the prosecutrix and took her to Shirdi (Maharashtra) and kept her
Signature Not Verified
Signed by: AJIT
KAMALASANAN
Signing time: 24-04-2023
18:27:32
from for two days and committed raped with her. On 16.02.2020 the
prosecutrix (P.W.-1) was recovered by the police.
Learned counsel for the appellant submits that now the prosecutrix
(P.W.-1) was aged about 22 years. The present appellant and the prosecutrix
have solemnized marriage together and one child is born on 02.11.2021 from
the wedlock of the appellant and the prosecutrix. At present the prosecutrix is
living with family members of the appellant. The appellant was in custody since
17.02.2020 to 08.05.2020 and thereafter he is in custody since the date of
judgment i.e. 09.11.2022. Final hearing of this appeal is not possible in near
future therefore, it is prayed that the remaining jail sentence of the appellant may
be suspended and he may be released on bail.
Learned Govt. Advocate for the respondent/State has opposed the
prayer of the appellant and prays for its rejection.
Learned counsel for the Objector has no objection to allow application
for suspension of sentence to the appellant.
We have heard learned counsel for the parties and perused the record.
Considering the facts and circumstances of the case, without expressing
any opinion on merits of the case, the I.A. No.16276/2022 is allowed and jail
sentence of the appellant shall remain suspended.
It is directed that subject to depositing the fine amount, if already not
deposited, appellant- Dharmendra shall be released on bail, on furnishing
personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only)
along with solvent surety in the like amount to the satisfaction of trial Court, for
his appearance before the Registry of this Court firstly on 18.07.2023, and on
such other dates, as may be fixed by the Registry in this regard, till final
disposal of this appeal.
Signature Not Verified
Signed by: AJIT
KAMALASANAN
Signing time: 24-04-2023
18:27:32
List for final hearing in due course.
C.C. as per rules.
(S. A. DHARMADHIKARI) (PRAKASH CHANDRA GUPTA)
JUDGE JUDGE
ajit
Signature Not Verified
Signed by: AJIT
KAMALASANAN
Signing time: 24-04-2023
18:27:32
