Khajan @ Jagdish vs The State Of Madhya Pradesh
2023 Latest Caselaw 13030 MP

                                                               1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT INDORE
                                                       CRA No. 3051 of 2022
                                            (KHAJAN @ JAGDISH Vs THE STATE OF MADHYA PRADESH)

                           Dated : 10-08-2023
                                 Shri Vivek Singh - Advocate for the appellant.

                                 Shri Gaurav Singh Chouhan - Deputy Government Advocate for the
                           respondent/State.

Heard on I.A. No.5497/2023, which is first application filed under Section 389(1) of Cr.P.C. for suspension of jail sentence and grant of bail

moved on behalf of appellant - Khajan @ Jagdish.

2. The appellant has been convicted under Sections 344, 363, 366 of the IPC and 5(L)/6 of POCSO Act and sentenced to undergo 2 years R.I. with fine of Rs.1,000/-, 5 years R.I. with fine of Rs.1,000/-, 5 years R.I. with fine of Rs.1,000/- and 20 years R.I. with fine of Rs.5,000/- respectively with default stipulation, vide judgement of conviction and order of sentence dated 30.01.2022 passed by the Special Sessions Judge (POCSO), Mandleshwar, District Khargone (West Nimar) in Sessions Trial No.74/2019.

3. The prosecution story found to be proved is that the complainant has

informed that his daughter is missing and she has not returned back home since 17.01.2019 and he has suspicion over the present appellant that he took his daughter alongwith him and thereafter, committed rape upon the her.

4. Learned counsel for the appellant submits that the appellant is aged about 25 years and he has falsely been implicated in the case. He is in custody for more than one year and seven months. According to the prosecutrix, she willfully traveled from home to the present appellant in a bus and thereafter, they went to Jalgaon and stayed there for about 25 days. As per the medical report, Signature Not Verified Signed by: SHILPA NAGDEVE Signing time: 11-08-2023 10:46:48

there is no sign of external or internal injuries on the body of the victim. Final hearing of this appeal will take considerable time, hence the jail sentence of the appellant be suspended and he be released on bail.

5. Per contra, learned Government Advocate for the respondent/State has supported the impugned judgment and prays for rejection of the application for suspension of sentence.

6. Looking to the facts and circumstances of the case and considering the evidence available on record against the appellant, coupled with the fact that final hearing of this appeal is not possible in near future, I.A. No.5497/2023 is allowed and the jail sentence of the appellant shall remain suspended.

7. It is directed that subject to depositing the fine amount, if already not deposited, appellant shall be released on bail, on furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of trial Court, for his appearance before the concerned trial Court firstly on 31.10.2023, and on such other dates, as may be fixed by the concerned Court in this regard, till final disposal of this appeal.

8. List for final hearing as per its turn.

C.C. as per rules.

                              (S. A. DHARMADHIKARI)                                      (PRANAY VERMA)
                                       JUDGE                                                 JUDGE

                           Shilpa




Signature Not Verified
Signed by: SHILPA
NAGDEVE
Signing time: 11-08-2023
10:46:48