Mahendra Kumar Rawat vs The State Of Madhya Pradesh
2023 Latest Caselaw 14031 MP

                                                             1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                     CRA No. 12443 of 2022
                                   (MAHENDRA KUMAR RAWAT Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                          Dated : 25-08-2023
                                 Shri Anirudha Singh Beghel - Advocate for the appellant.

                                 Ms. Kamlesh Tamarkar - Panel lawyer for the respondent/State.

Shri Shailendra Dwivedi - Advocate for the respondent No.2.

Heard on admission.

This appeal is admitted for hearing.

Also heard on I.A. No. IA No.24802/2022 an application under Section 389(1) of the Cr.P.C. for suspension of remaining jail sentence and grant of bail to appellant arising out of judgment dated 05.12.2022 delivered in S.T. No.

36/2019 by Special Judge (POCSO) Act Sidhi.

T h e appellant has been convicted under Section 363 of IPC and sentenced to undergo R.I. for 3 years and fine of Rs. 1000/-, Section 366 of IPC and sentenced to undergo R.I. for 7 years and fine of Rs. 2000/-, Section 342 of IPC and sentenced to undergo R.I. for 3 months and Section 3/4 of POCSO Act and sentenced to R.I. for 10 years and fine of Rs. 5000/-with

default stipulations.

Learned counsel for the appellant submits that prosecutrix has made contradictory statement in her court testimony and statement recorded under Section 161 and 164 of Cr.P.C. Prosecutrix is a consenting party. Prosecutrix and appellant want to solemnize marriage. Prosecutrix was more than 17 years old at the time of incident. Final hearing of this appeal is not possible in near future, therefore, remaining jail sentence of appellant may be suspended and he Signature Not Verified Signed by: LALIT SINGH RANA Signing time: 8/25/2023 6:02:20 PM

be released on bail.

The prayer is opposed by learned Panel Lawyer. Learned counsel for the objector has submitted that prosecutrix has no objection, if jail sentence of appellant may be suspended and he be release on bail.

Taking into consideration Ex. P-6, P-10, D-1 and prosecutrix's statement and fact that prosecutrix and appellant want to solemnize marriage with each other coupled with the fact that hearing of this appeal is not possible in near future and without expressing any opinion on merits, I deem it proper to suspend the remaining jail sentence of the appellant. Accordingly, I.A No.

.24802/2022 is allowed.

Subject to depositing the fine amount, if not already deposited, the remaining jail sentence of the appellant- Mahendra Kumar Rawat 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 concerning trial court Sidhi on 30.10.2023 and also on such other dates, as may be fixed by the trial court in this regard during the pendency of this appeal.

List the case for final hearing in due course. C. c. as per rules.

(ACHAL KUMAR PALIWAL) JUDGE

L.R.

Signature Not Verified Signed by: LALIT SINGH RANA Signing time: 8/25/2023 6:02:20 PM