Madhya Pradesh High Court
Avdhesh @ Abbu Rai vs The State Of Madhya Pradesh on 25 August, 2023
Author: Sujoy Paul
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 7748 of 2022
(AVDHESH @ ABBU RAI Vs THE STATE OF MADHYA PRADESH)
Dated : 25-08-2023
Shri Manish Datt - Senior Advocate with Shri Rohit Sharma - Advocate
for the appellant.
Shri Arvind Singh - Government Advocate for the respondent-State.
Heard on I.A No.16663 of 2022, an application under Section 389(1)
of the Cr.P.C for suspension of sentence and grant of bail to appellant-
Avdhesh @ Abbu Rai arising out of judgment dated 22.08.2022 delivered in
SPL Case No.69/2021 by Special Judge, Protection of Children from Sexual
Offences Act, 2012, Tikamgarh, District-Tikamgarh (M.P.).
T h e appellant has been convicted under Section 363 of I.P.C. and
sentenced to undergo R.I. for five years with fine of Rs.5,000/-, under Section
366 of the I.P.C. to undergo R.I. for seven years with fine of Rs.5,000/- and
under Section 6 of POCSO Act to undergo R.I. for twenty years with fine of
Rs.20,000/- with default stipulations.
Learned Senior counsel for appellant submits that as per prosecution
story, father of appellant lodged a written report in Police Station Bamhourikala
on 28.12.2020 that her daughter aged about 17 years and 6 months went to
attend the coaching class but did not come back to the house. Later on, the
victim was recovered from appellant from Surat (Gujarat) on 22.02.2021.
Learned Senior counsel for appellant submits that Court below
determined the age of the victim as 17 years and 6 months. However, the
determination of age by the Court below is not correct. It is a borderline case
and para-23 of impugned judgment shows that victim went with the appellant on
Signature Not Verified
Signed by: HIMANSHU
KOSHTA
Signing time: 8/26/2023
2:30:46 PM
her own volition. She travelled all the way from Bamhourikala to Surat in public
transport and had opportunity to raise alarm and seek help of the people. The
appellant cannot be said to be guilty for committing offences as mentioned by
Court below. The appellant is remained in custody between 02.02.2021 to
15.09.2021 and from 22.08.2022 till date. The final hearing of this appeal is not
possible in near future. Thus, the remaining jail sentence of appellant may be
suspended.
Learned Government counsel for the State opposed the prayer on the
basis of objection.
Considering the aforesaid factual backdrop and without expressing any
conclusive opinion on merits of the case, we deem it proper to suspend the
remaining jail sentence of the appellant. Accordingly, I.A No.16663 of 2022 is
allowed.
Subject to depositing the fine amount (if not already deposited), the
remaining jail sentence of appellant-Avdhesh @ Abbu Rai 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,
Tikamgarh on 30 th 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
HK
Signature Not Verified
Signed by: HIMANSHU
KOSHTA
Signing time: 8/26/2023
2:30:46 PM
