Sumit Shukla @ Golu vs The State Of Madhya Pradesh
2023 Latest Caselaw 13887 MP

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 12338 of 2022 (SUMIT SHUKLA @ GOLU Vs THE STATE OF MADHYA PRADESH AND OTHERS)

Dated : 24-08-2023 Shri Pushpendra Dubey - Advocate for the appellant.

Shi Arvind Singh - Government Advocate for the State.

Heard on I.A. No. 1735 of 2023 an application under Section 389(1) of Cr.P.C. for suspension of sentence and grant of bail to appellant Sumit Shukla @ Golu arising out of judgment dated 30.11.2022 delivered in S.C.

ATR No. 50/2019 by Special Judge, POCSO Act, Bhopal.

The appellant has been convicted under Section 376 IPC R/w Section 4 of POCSO Act and sentenced to undergo R.I. for 10 years with fine of Rs.1,000/-, under Section 366 IPC sentenced to undergo R.I. for 10 years with fine of Rs. 1,000/- and under Section 3(2)(v) of SC / ST ( Prevention of Atrocities) Act sentenced to undergo life imprisonment with fine of Rs.1,000/- with default stipulations.

Learned Govt. Advocate for the State informed that victim has been served.

As per prosecution story, the father of victim lodged a report in police station Bajaria on 16.04.2019 that her daughter who went to attend the coaching did not come back. The victim was subsequently recovered. The Court determined the date of birth of victim as 01.07.2001 and accordingly, on the date of incident her age was 17 years, 9 months and 15 days.

Learned counsel for the appellant submits that the determination of age of victim is erroneous. By taking this Court to the statement of victim (PW-3), it is urged that physical relations were developed with consent. The medical report Signature Not Verified Signed by: NAVEEN KUMAR SARATHE Signing time: 8/25/2023 2:45:02 PM

and FSL report do not support the case of the prosecution. The final hearing of this matter is not possible in near future. Thus, the remaining jail sentence of appellant may be suspended.

The prayer is opposed by learned counsel for the State on the basis of objection.

Considering the aforesaid factual backdrop and without expressing any opinion on the merits of the case, we deem it proper to suspend the remaining jail sentence of appellant. Accordingly, I.A. No.1735 of 2023 is allowed.

Subject to depositing the fine amount (if not already deposited), the remaining jail sentence of appellant Sumit Shukla @ Golu is hereby

suspended and it is directed that he 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, Bhopal on 30th October, 2023 and also on such other dates as may be fixed by the said Court in this regard during the pendency of this appeal.

C.c. as per rules.

                             (SUJOY PAUL)                                 (AVANINDRA KUMAR SINGH)
                                JUDGE                                              JUDGE

                          sarathe




Signature Not Verified
Signed by: NAVEEN KUMAR
SARATHE
Signing time: 8/25/2023
2:45:02 PM