Madhya Pradesh High Court
Sanjay Jatav vs The State Of Madhya Pradesh on 23 August, 2023
Author: Rohit Arya
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA-832-2023
(SANJAY JATAV Vs . STATE OF MADHYA PRADESH)
DATED:- 23-08-2023
Shri Avdhesh Parashar - Advocate for the appellant.
Shri A.K. Nirankari - Public Prosecutor for the respondent/State.
Per Justice Deepak Kumar Agarwal:
Heard on I.A. No.12427/2023, first application under Section 389 (1)
of Cr.P.C. for suspension of sentence and grant of bail moved on behalf of
the appellant-Sanjay Jatav.
This criminal appeal assails the judgment dated 22.11.2022 passed in
Special Case No.34/2019 by learned Special Judge (POCSO Act) and
Second Additional Sessions Judge District Datia (M.P.), whereby the
appellant has been convicted and sentenced as under:-
Section Sentence Fine (Rs.) Default Stipulation
376(3) of IPC 20 Years R.I. 10,000/- 3 Months RI
Prosecution story is that on 30.05.2019 at about 11:15 pm, father of
prosecutrix lodged a report at Police Station- Jigna, District- Datia (M.P.) in
regard to missing of his daughter (prosecutrix) aged about 16 years alleging
that on 20.05.2019 at about 10:00 AM, she had gone to the village for
purchasing article but she did not return back. He searched the prosecutrix
at nearby places and his relatives but she could not be traced. He expressed
the doubt that someone by persuading her took her away. On his report,
offence punishable under Section 363 of IPC bearing crime No.72/2019 was
registered. During investigation, on 06.08.2019 the prosecutrix was
recovered. Statements of prosecutrix were recorded. Prosecutrix was sent
for medical examination. On the basis of her statements, appellant was
arrested. After investigation, charge-sheet for the offence punishable under
Sections 363, 376(3) of IPC and Section 5L/6 of POCSO Act was
submitted. 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, her mother
and her father have not supported the prosecution case and turned hostile.
Appellant has suffered about one year and two months of incarceration and
he is the permanent resident of District- Gwalior (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.
12427/2023 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. 12427/2023 stands allowed and disposed of.
Certified copy as per rules.
(ROHIT ARYA) (DEEPAK KUMAR AGARWAL)
JUDGE JUDGE
rahul Digitally signed by RAHUL SINGH PARIHAR
RAHUL SINGH
DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH
GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH
GWALIOR, postalCode=474001, st=Madhya Pradesh,
2.5.4.20=eac942476567cd1b39b3da46068403462fdf82ab676d0c
PARIHAR
de4dee473fe77953f5,
pseudonym=68E0B84BAE73376CD071289B3D9FE728CE00D487,
serialNumber=0275C4F803F94C47998BE5C534E21BDED910FD4
AB9D159B55575E814D05B2EED, cn=RAHUL SINGH PARIHAR
Date: 2023.08.23 19:10:05 +05'30'
