Mohan vs The State Of M.P.
2023 Latest Caselaw 12788 MP

                                     1
                IN THE HIGH COURT OF MADHYA PRADESH
                             AT JABALPUR
                             CRA No. 5627 of 2023
                             (MOHAN Vs THE STATE OF M.P.)

Dated : 08-08-2023
       Mr. Aditya Vyas - Advocate for the appellant.

       Ms. Chandrakant Pal - Panel Lawyer for the respondent/State.

Mr. J.P. Singrol - Advocate for the objector.

Heard on I.A. No. 16145/2023 an application under Section 302(1) of Cr.P.C. on behalf of complainant to assist the State.

On due consideration, I.A. No. 16145/2023 is allowed and he is permitted to assist the State.

Heard on I.A. No. 8957/2023 an application under Sections 389(1) of the Cr.P.C. for suspension of remaining jail sentence and grant of bail to appellant arising out of judgment dated 27.03.2023 delivered in ST No. 56/2020

by Additional Sessions Judge, Deori District Sagar.

The appellant has been convicted under Section 5(l)/6 of POCSO Act and sentenced to undergo R.I. for 10 years with fine of Rs.5000/-, Section 363 of IPC and sentenced to undergo R.I. for 3 years with fine of Rs. 1,000/- and

Section 366-A of IPC and sentenced to undergo R.I. for 5 years with default stipulations.

Learned counsel for the appellant submits that appellant and prosecutrix have solemnized marriage and out of said wedlock, three child were born. Prosecutrix is residing in-laws' house. The final hearing of this appeal is not possible in near future. Thus, remaining jail sentence of appellant may be suspended and he be released on bail.

The prayer is opposed by learned Panel Lawyer.

Learned counsel for the objector submits that complainant has no objection if bail is granted to the appellant.

Taking into consideration that appellant and prosecutrix have solemnized marriage and presently prosecutrix is residing in-laws' house, coupled with the fact that hearing of this appeal is not possible in near future and without expressing any opinion on merits, I deem it proper to suspend the remaining jail sentence of the appellant. Accordingly, I.A No. 8957/2023 is allowed.

Subject to depositing the fine amount, if not already deposited, the remaining jail sentence of the appellant- Mohan 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 concerning trial court Deori District Sagar on 25.10.2023 and also on such other dates, as may be fixed by the trial court in this regard during the pendency of this appeal.

C. c. as per rules.

(ACHAL KUMAR PALIWAL) JUDGE

L.R.

Digitally signed by LALIT SINGH RANA Date: 2023.08.09 17:15:10 +05'30'