Ankit vs The State Of Madhya Pradesh
2023 Latest Caselaw 13985 MP

                                                                1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                         CRA No. 3692 of 2020
                                                   (ANKIT Vs THE STATE OF MADHYA PRADESH)

                           Dated : 25-08-2023
                                  Shri Manish Kumar Gavane - Advocate for appellant.

                                  Shri A.S. Baghel - Govt. Advocate for respondent/State.

Heard on IA No. 7163/2020, which is an application for condonation of delay in filing the appeal.

In absence of opposition and for the reasons mentioned in the

application, same is allowed.

Heard on admission.

The appeal is admitted for hearing.

Record has been received in connected matter. Heard on I.A No. 18051 of 2021, 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 03.03.2020 delivered in SC No. 133/2018( State of M.P. vs. Mohit and Ors) by Special Judge ( POCSO Act ), Chhindwara District Chhindwara.

As per the appellant, he has been convicted under Sections 363, 376(2)

(n), 376(da ), 342 and 506 Part-II of the I.P.C. and sentenced to undergo R.I. for 3 years with fine of Rs.2,000/-, RI for ten years and fine of Rs. 5,000/-, life imprisonment with fine of Rs. 15,000/-, RI for 01 year and fine of Rs. 1,000/-, RI for three years with fine of Rs. 1,000/- respectively with default stipulations. The appellant is innocent and has been falsely implicated. DNA evidence is not reliable as sampling was not proper. Evidence of prosecutrix (PW-1) is not of sterling quality. Medical evidence has not been collected properly. Investigation Signature Not Verified Signed by: PARMESHWAR GOPE Signing time: 29-08-2023 11:44:05

has serious lapses which goes into the root of the matter. It is also prayed that the appellant remained in custody from 10-07-2018 to 03-03-2020 and from the date of judgment i.e. 03-03-2020 till now and final hearing of this appeal is not possible in near future.

Learned Govt. Advocate opposed the prayer on the basis of objection and supports the impugned judgment of the learned trial court and prays that the application for suspension of sentence may not be allowed.

We have perused the record and gone through the statement of prosecutrix (PW-1) and her mother (PW-2), medical evidence and statement of the Investigating Officer (PW-15) Assistant Sub-Inspector-Jitendra Yadav.

In IA No. 18048/21, learned counsel appearing for the objector PW-1, prosecutrix submits that as regards appellant/accused-Mohit, he does not have any objection for granting bail.

Considering the prosecution evidence, period of custody and factual backdrop of matter and without expressing any conclusive opinion on the merits of case, we deem it proper to suspend the remaining jail sentence of the appellant.

Accordingly, I.A No. 18051 of 2021 is allowed. Subject to depositing the fine amount (if not already deposited), the remaining jail sentence of appellant - Ankit is hereby suspended and it is directed that the 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, Chhindwara on 30th October, 2023 and also on such other dates as may be fixed by the trial Court in this

Signature Not Verified regard during the pendency of this appeal.

Signed by: PARMESHWAR GOPE Signing time: 29-08-2023 11:44:05

Certified copy as per rules.

                                (SUJOY PAUL)                          (AVANINDRA KUMAR SINGH)
                                   JUDGE                                       JUDGE

                           PG




Signature Not Verified
Signed by: PARMESHWAR
GOPE
Signing time: 29-08-2023
11:44:05