Shivram Yadav vs The State Of Madhya Pradesh
2023 Latest Caselaw 6963 MP

                                                              1
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                      CRA No. 10840 of 2022
                                             (SHIVRAM YADAV Vs THE STATE OF MADHYA PRADESH)

                          Dated : 28-04-2023
                                Shri Shishir Soni - Advocate for the appellant.

                                Shri Akhilendra Singh - Government Advocate for the respondent/State.

Heard on admission.

Appeal is admitted for hearing.

Also heard on I.A.No.22139/2022, which is the first application for

suspension of sentence and grant of bail filed under Section 389(1) of the Cr.P.C. on behalf of sole appellant Shivram Yadav.

T h e appellant has filed this Criminal Appeal being aggrieved by the judgment of conviction and sentence dated 17/11/2022 passed by Special Judge (POCSO) Act, Seoni in S.C.No.66/2020, whereby appellant has been convicted under Sections 363 and 366 of the IPC and sentenced him to undergo R.I. for 10 years with fine of Rs.2000/-, under Section 376(3) and 376 (2) (N) of the I.A.C. and sentenced him to undergo R.I. for 20 years with fine of Rs. 5,000/- and under Section 5, 6 of POCSO Act and sentenced him to undergo R.I. for

20 years with fine of Rs. 5,000/- with default stipulations.

Learned counsel for the appellant submits that as per the prosecution story, on 21.05.2019, the appellant forcibly took the victim with him and sexually assaulted her. Learned counsel for the appellant by taking this Court to the photographs (Annexure A-2), the marriage certificate issued by "Arya Samaj" and the registered marriage certificate issued by the Government of India submits that both solemnized marriage after attaining majority and were residing together. At present, the victim is residing with the family of the Signature Not Verified Signed by: ROSHNI SINGH Signing time: 29-Apr-23 11:55:09 AM

appellant. The Court below has committed an error in determination the age of victim. Both were major and determination of age is erroneous. The continues incarceration of appellant will cause more harm than good. There is no possibility of early hearing of this Appeal in near future. Hence prays for suspension of sentence and grant of bail to the appellant.

Per contra, learned Government Advocate for the respondent/State opposed the prayer but he did not dispute the genuineness of marriage documents mentioned hearinabove.

Considering the aforesaid, without expressing any conclusive opinion on merits, we deem it proper to suspend the remaining jail sentence of the

appellant. Accordingly, I.A No.22139 of 2022 is allowed.

Subject to depositing the fine amount (if not already deposited), the remaining jail sentence of appellant Shivram Yadav is hereby suspended and it is directed that the appellant be released on bail on his furnishing a personal bond for a sum of Rs.30,000/- (Rupees Thirty 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, Seoni, on 12/06/2023 and also on such other dates as may be fixed by the Trial Court in this regard during the pendency of this appeal.

Certified copy as per rules.

                              (SUJOY PAUL)                               (AMAR NATH (KESHARWANI))
                                 JUDGE                                            JUDGE

                          R




Signature Not Verified
Signed by: ROSHNI SINGH
Signing time: 29-Apr-23
11:55:09 AM