Rajesh Arya vs The State Of Madhya Pradesh
2023 Latest Caselaw 12233 MP

                                                              1
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                      CRA No. 4738 of 2023
                                        (RAJESH ARYA Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                          Dated : 01-08-2023
                                Shri Abhijeet Awasthi - Advocate for the appellant.

                                Shri Anuj Singh - Panel Lawyer for the respondent/State.

Trial Court record has been received.

Heard on admission.

Trial Court record perused.

Prima facie, this appeal seems to be arguable. Hence admitted for final hearing.

Heard on I.A. No.8179/2023, an application under Section 389(1) of Cr.P.C. for suspension of sentence and grant of bail to appellant, pending the appeal.

Appellant has been convicted for commission of offence under Section 354 of IPC and has been sentenced to undergo R.I. for 01 year and fine of Rs.1000/- with default stipulation and under Section 9(f)/10 of POCSO Act and has been sentenced to undergo R.I. for 05 years and fine of Rs.2000/- vide

judgment dated 28.3.2023 delivered by Special Judge, POCSO Act, 2012 and SC/ST (Prevention of Atrocities) Act, Narmadapuram, in S.C. No.118 of 2021 (State of M.P. Vs. Rajesh Arya).

Learned counsel for the appellant has submitted that appellant has been erroneously convicted by the learned trial Court as it has not taken into consideration the material improvements made by the prosecutrix in her evidence before the trial Court from her earlier version in statement under Sections 161 and 164 of Cr.P.C. It is further submitted that learned trial Court Signature Not Verified Signed by: DEEPA MISHRA Signing time: 8/2/2023 10:04:18 AM

in para 48 of judgment has mentioned that prosecutrix in her cross-examination has admitted that her attendance was short and she had obtained less numbers in practical and due to that she was having apprehension of her being deprived of appearing in the examination. It is further submitted that learned trial Court has not considered the aforesaid facts in right perspective. Appellant is a teacher, prosecutrix had got less numbers in the subject related to appellant and due to that reason only she has falsely implicated him with a view to create pressure on him. He is teacher for last so many years but such allegations have never been levelled against him. He has fair chances to succeed in the appeal. Therefore, it has been prayed that the execution of jail sentence of appellant

may be suspended and he may be released on bail.

On the other hand, learned counsel for the respondent/State has opposed the grant of bail to the appellant.

Considering the evidence of prosecutrix and other material on record but without expressing any opinion on the merits of the case. It is apparent that there is no possibility of hearing of this appeal in near future. Therefore, I am of the view that case for suspension of jail sentence is made out.

Consequently, I.A. No.8179/2023 is allowed. The execution of jail sentence of appellant- Rajesh Arya is hereby suspended subject to depositing the fine amount, (if not already deposited). It is directed that the appellant be released on bail on his furnishing a personal bond to a sum of Rs.50,000/- (Rupees fifty 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 on 9.10.2023 and also on such other dates, as may be fixed by that Court in this regard during the pendency of this appeal.

Signature Not Verified List this case for final hearing in due course. Signed by: DEEPA MISHRA Signing time: 8/2/2023 10:04:18 AM

Certified copy as per rules.

(DINESH KUMAR PALIWAL) JUDGE

mrs. mishra

Signature Not Verified Signed by: DEEPA MISHRA Signing time: 8/2/2023 10:04:18 AM