Raju @ Dhanpal Singh vs The State Of Madhya Pradesh
2023 Latest Caselaw 13127 MP

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                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT GWALIOR
                                                       CRA No. 7440 of 2023
                                          (RAJU @ DHANPAL SINGH Vs THE STATE OF MADHYA PRADESH)

                           Dated : 11-08-2023
                                 Mr. Deepak Shrivastav, learned counsel for the Petitioner .

                                 Mr.    Dheeraj    Kumar     Budholiya    -   learned    Panel    Lawyer   for
                           respondent/State.

Heard on I.A. No. 10286 of 2023, which is first application under Section 389(1) Cr.P.C. for suspension of sentence and grant of bail moved by appellant.

This Criminal Appeal assails the judgment dated 27.05.2023 passed by Third Additional Sessions Judge/Special Judge,(POCSO Act) District Vidisha (M.P.) in SCATR No.67/2020, whereby appellant has been convicted and sentenced under Section 376(2)(n) of IPC to undergo rigorous imprisonment of ten years with fine of Rs.1,000/- with default stipulation.

Learned counsel for the appellant submits that the trial Court has wrongly convicted the appellant without considering the material and evidence available on record. Learned trial Court has acquitted the appellant from the charges under POCSO Act, SC/ST Act and as well as Sections 363 and 366-A of IPC.

However, he has been convicted under Section 376(2)(n) of IPC without considering the fact that prosecutrix left her house on her own volition and lived with the present appellant on her own will. It is the case of consent. It is further argued that the appellant has already suffered almost 3 years of incarceration out o f total jail sentence of 10 years. The appeal is likely to take long time to conclude. Hence, he prayed to suspend the jail sentence and grant of bail to appellant.

Signature Not Verified Signed by: LOKENDRA JAIN Signing time: 8/11/2023 1:07:04 PM

Counsel for the State vehemently opposed the application and prayed for its rejection.

Heard learned counsel for the parties and perused the materials available on record.

Considering the arguments advanced by learned counsel for the parties, without commenting on merits of the case, I.A. No.10286 of 2023, is hereby allowed. Subject to depositing of fine amount, if not already deposited, and on furnishing personal bond of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety of the like amount to the satisfaction of the concerned trial Court, the remaining jail sentence of the appellant shall remain suspended and he

be released on bail. Appellant is further directed to mark his appearance before the Office of this Court on 26.10.2023 and on subsequent dates given by the Office in this regard, till final disposal of this appeal.

List the case for final hearing in due course. A copy of this order be sent to the concerned Court below for compliance.

Certified copy/ e-copy as per rules/directions.

(SUNITA YADAV) JUDGE

(LJ*)

Signature Not Verified Signed by: LOKENDRA JAIN Signing time: 8/11/2023 1:07:04 PM