Dharmendra @ Dharmveer Singh ... vs The State Of Madhya Pradesh
2023 Latest Caselaw 13807 MP

                                                               1
                                 IN THE HIGH COURT OF MADHYA PRADESH
                                              AT GWALIOR


                                          CRA No. 1074 of 2023
                           (DHARMENDRA @ DHARMVEER SINGH JADON Vs THE STATE
                                         OF MADHYA PRADESH)

                       Gwalior dated 23.8.2023
                              Shri Sankalp Sharma- Advocate for the appellant.
                              Shri A.K.Nirankari- Public Prosecutor for the respondent/State.

Per Justice Deepak Kumar Agarwal:

IA.No.8338/2023, 1st application u/Sec. 389(1) of Cr.P.C. for

suspension of sentence and grant of bail filed on behalf of appellant-

Dharmendra @ Dharamveer Singh.

This criminal appeal assails the judgment dated 27.09.2022 passed

by the Special Judge (POCSO), Gohad Distt. Bhind, in Special Sessions

Trial No.4/2020, whereby appellant has been convicted under Sections

363, 366(A) and 376(2n) of IPC and sentenced to suffer 5 years RI with

fine of Rs.500/-, 5 years RI with fine of Rs.500/- and life imprisonment

with fine of Rs.2,000/- respectively.

Prosecution case in brief is that on 17.10.2013 uncle of the

prosecutrix lodged a missing person report in regard to the prosecutrix

aged about 15 years, on which missing person report 7/2013 was recorded Signature Not Verified Signed by: MADHU at police Station Andori, Distt. Bhind. Prosecutrix was recovered on SOODAN PRASAD Signing time: 24-08-2023 10:22:43 AM

IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR

7.1.2015. Her statement under Section 164 of Cr.P.C. was recorded on

8.1.2015 in which she has stated that appellant came in her village along

with some friend. She got well acquainted with the appellant. He used to

come to her house. Appellant proposed her for marriage. Thereafter she on

her own volition went with the appellant to Agra and stayed in a rented

accommodation. Afterwards they went to Jaipur and Panipat and then

return to village of the appellant where she gave birth to a girl child. They

performed marriage in a temple and started living like husband and wife.

Initially FIR crime No.102/2013 was registered at police Station Andori,

Distt. Bhind under Sections 363 & 366 of IPC against appellant and Smt.

Asha. After statement of the prosecutrix, offence under Section 376 (2n) of

IPC was enhanced. Prosecutrix was medically examined. After

investigation, charge-sheet was filed and after trial, appellant has been

convicted and sentenced as aforesaid.

It is submitted by learned counsel for the appellant that during trial

appellant was on bail, but he did not misuse the liberty so granted.

Appellant has already suffered jail sentence of near about 2 years and 2

months. As per 164 Cr.P.C. statement of the prosecutrix, she on her own Signature Not Verified Signed by: MADHU SOODAN PRASAD volition went with the appellant and she was a consenting party. He has a Signing time: 24-08-2023 10:22:43 AM

IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR

good case on merits. Final hearing of the appeal will take time. On such

premises, learned counsel for the appellant prayed for bail.

Learned counsel for the State opposed the application and prayed for

its rejection.

Considering the facts and circumstances of the case, but without

commenting anything on the merits of the case, IA.No.8338/2023 is

allowed and it is directed that jail sentence of appellant - Dharmendra will

remain under suspension subject to verification that the amount of fine has

been deposited, on appellant's furnishing bail bond of Rs.50,000/- (Rupees

Fifty Thousand Only) with one solvent surety of the like amount to the

satisfaction of concerned Trial Court for his appearance before the

Principal Registrar of this Court on 18th December, 2023 and thereafter on

such further dates as may be fixed by the office of this Court in this regard

till disposal of the appeal.

C.c. as per rules.

                              (Rohit Arya)                         (Deepak Kumar Agarwal)
                                 Judge                                      Judge
             ms/-
Signature Not Verified
Signed by: MADHU
SOODAN PRASAD
Signing time: 24-08-2023
10:22:43 AM