Virendra Kumar Saket vs The State Of Madhya Pradesh
2023 Latest Caselaw 13885 MP

                                      1
            IN THE HIGH COURT OF MADHYA PRADESH
                         AT JABALPUR
                              CRA No. 3 of 2019
               (VIRENDRA KUMAR SAKET Vs THE STATE OF MADHYA PRADESH)

Dated : 24-08-2023
      Shri Manish Datt - Sr. Advocate with Shri Siddharth Datt - Advocate

for the appellant.
      Shri Pramod Thakre - Government Advocate for respondent - State.

Heard on I.A. No.8561/2022 an application under Section 389(1) of the Cr.P.C. for suspension of sentence and grant of bail to appellant arising out of

judgment dated 29.10.2018 delivered in Special Case No.600130/2017 by IInd Additional Sessions Judge Maihar, District Satna.

T h e appellant has been convicted under Section 366 of I.P.C. and sentenced to undergo R.I. for 5 years with fine of Rs.500/-, under Section 5/6 of POCSO Act, 2012 and sentenced to undergo R.I. for 14 years with fine of Rs.500/- with default stipulations.

Learned Sr. counsel for the appellant submits that on 16.06.2017 complainant lodged a report in Police Station, Dehat that her daughter/victim aged about 17 years and 4 months is not traceable. Victim was recovered from

the house of appellant on 25.07.2017. As per prosecution story, the appellant took the victim with him to Rajkot (Gujarat) where she stayed with him for 5-6 days. It is further submitted that determination of age by the Court below is erroneous. The prosecutrix went with the appellant on her own volition. She had ample opportunity while travelling to Rajkot to raise alarm and seek help of the people. She did not seek any help at all. The appellant has been falsely arraigned. The final hearing of this appeal is not possible in near future, thus remaining jail sentence of appellant may be suspended.

Learned G.A. informed that victim is served and opposed the prayer on the basis of objection.

We have heard the parties at length.

In the factual backdrop of matter coupled with the fact that final hearing of this appeal is not possible in near future, we deem it proper to suspend the remaining jail sentence of appellant. Accordingly IA No. 8561/2022 is allowed.

Subject to depositing the fine amount (if not already deposited), the remaining jail sentence of appellant is hereby suspended and it is directed that appellant be released on bail on his furnishing a personal bond for a sum of Rs.30,000/- (Rupees Thirty Thousand only) with one solvent surety of the

like amount to the satisfaction of the trial Court with a further direction to appear before the trial Court Maihar District Satna on 30th October, 2023 and also on such other dates as may be fixed by the trial Court in this regard during the pendency of this appeal.

Certified copy as per rules.

      (SUJOY PAUL)                                               (AVANINDRA KUMAR SINGH)
         JUDGE                                                            JUDGE

   Akm


           Digitally signed by AKANKSHA MAURYA


AKANKSHA
           DN: c=IN, o=HIGH COURT OF MADHYA PRADESH,
           ou=JABALPUR,

2.5.4.20=249af511aff03adb5e1023e836f6223dd6fcc1 7fe5560a49be80567d4ab381a9, postalCode=482001,

MAURYA st=Madhya Pradesh, serialNumber=08FDD0FD574AF6278257F149F3D11B 8DF5BC8C51B2811BAF3E9439DD98282D77, cn=AKANKSHA MAURYA Date: 2023.08.24 17:37:19 +05'30'