Nawab Singh vs The State Of Madhya Pradesh
2023 Latest Caselaw 13808 MP

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          IN THE HIGH COURT OF MADHYA PRADESH
                       AT GWALIOR
                              CRA-5437-2023

           (NAWAB SINGH Vs . STATE OF MADHYA PRADESH)

DATED:- 23-08-2023

      Shri Mukesh Sharma - Advocate for the appellant.
      Smt. Anjali Gyanani - Public Prosecutor for the respondent/State.

Per Justice Deepak Kumar Agarwal:

Heard on I.A. No.9068/2023, first application under Section 389 (1) of Cr.P.C. for suspension of sentence and grant of bail moved on behalf of the appellant- Nawab Singh.

This criminal appeal assails the judgment dated 17.03.2023 passed in Special Case No.78/2021 by learned Special Judge (POCSO Act) District Shivpuri (M.P.), whereby the appellant has been convicted and sentenced as under:-

Section Sentence Fine (Rs.) Default Stipulation

366 of IPC 3 Years R.I. 1000/- 6 Months RI 342 of IPC 1 Year R.I. - -

6/17 of POCSO Act 20 Years R.I. 2000/- 1 Year RI Prosecution story is that, on 30.11.2019 uncle of the prosecutrix lodged a report to the effect that on 29.11.2019 at about 7 pm he and his wife were sitting at the house of one Basanti Kujur and prosecutrix, aged about 14 years, was alone at the house for preparing food. After about half an hour, when his wife came back to the house, she saw that light was off. When she called the prosecutrix, prosecutrix did not reply. His wife informed him that prosecutrix is not at home. They searched the prosecutrix but could not trace her. On the basis of his information, FIR bearing Crime No.383/2019 was

registered for the offence punishable under Section 363 of IPC. Prosecutrix was recovered on 30.01.2020 and her statement was recorded. She was sent for medical examination. During investigation on the basis of statements given by the prosecutrix, charge-sheet for the offence punisable under Sections 363, 366, 376, 342, 506, 34 of IPC and Section 3/4 of POCSO Act and Section 3 (2)(v), 3 (2)(va) of SC/ST Act was filed. After conclusion of trial, trial Court convicted the appellant for the offence as mentioned above.

Learned counsel for the appellant submits that appellant has been falsely implicated in this case and he has been wrongly convicted by the learned trial Court. It is further submitted that the prosecutrix has not supported the prosecution case and turned hostile. It is further submitted that the appellant was on bail during trial and he did not misuse the liberty so granted. Fine amount has already been deposited by him. Appellant has suffered about 6 months of incarceration and he is the permanent resident of District- Shivpuri (M.P.) and there are fair chances of success of this appeal. Present appeal is of the year 2023 and final hearing of the case will take time. Under these circumstances, the execution of jail sentence be suspended and the appellant be released on bail.

On the other hand, learned Public Prosecutor appearing on behalf of the respondent/State opposed the bail application and prayed for rejection of this application.

Keeping in view of the aforesaid submissions of learned counsel for the parties and without commenting upon merits of the case, IA No. 9068/2023 is allowed. It is, therefore, directed that if appellant deposits the entire fine amount, if not already deposited, and furnishes a personal bond in the sum of Rs.50,000/-(Rupees Fifty Thousand Only) with one solvent surety of the like amount to the satisfaction of trial Court for his appearance before the Registry of this Court on 5th December, 2023 and on such

subsequent dates as may be fixed in this regard, sentence of imprisonment awarded to him, shall remain suspended till further orders and he shall be released on bail.

I.A. No.9068/2023 stands allowed and disposed of. Certified copy as per rules.

                                                 (ROHIT ARYA)                          (DEEPAK KUMAR AGARWAL)
                                                    JUDGE                                      JUDGE

RAHUL Digitally signed by RAHUL SINGH PARIHAR DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR,

SINGH rahul postalCode=474001, st=Madhya Pradesh, 2.5.4.20=eac942476567cd1b39b3da46068403 462fdf82ab676d0cde4dee473fe77953f5, pseudonym=68E0B84BAE73376CD071289B3 D9FE728CE00D487,

PARIHAR serialNumber=0275C4F803F94C47998BE5C53 4E21BDED910FD4AB9D159B55575E814D05B 2EED, cn=RAHUL SINGH PARIHAR Date: 2023.08.24 14:24:25 +05'30'