Sonu Raghuvanshi vs The State Of Madhya Pradesh
2023 Latest Caselaw 14120 MP

IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR CRA No. 7014 of 2023 (SONU RAGHUVANSHI Vs THE STATE OF MADHYA PRADESH)

Dated : 28-08-2023 Shri Sushil Goswami, learned counsel for the appellant.

Shri Rohit Shrivastava -P.L.- appearing on behalf of Advocate General. Heard on the question of admission.

Admit.

Also heard on I.A. No. 9477 of 2023, which is first application under Section 389(1) Cr.P.C. for suspension of sentence and grant of bail moved by

the appellant/Sonu Raghuvanshi.

This Criminal Appeal assails the judgment dated 01.05.2023 passed by 3rd Additional Sessions Judge/Special Judge, POCSO Act, District Vidisha (M.P.) in Special Trial No. 176/2019, whereby appellant has been convicted for the offence under section 363, 366-A of IPC and section 3/4 of POCSO Act to undergo rigorous maximum imprisonment for Ten years with maximum fine of Rs.3,000/-, with default stipulations.

Learned counsel for the appellant submits that the trial Court has wrongly convicted the appellant without appreciating the evidence properly. There are

material contradictions and omissions in the statement of the prosecution witnesses. The appellant has already served incarceration of more than seven months out of total awarded jail sentence of 10 years. The prosecutrix PW/1 has not supported the case of the prosecution in her cross examination and has specifically mentioned that she left her parental home on her own volition. She Signature Notalso stated Verified that she has not given statement to the police as placed by the Signed by: SANJAY NAMDEORAO DURGEKAR prosecution. It is further submitted that her parents wanted to marry her with Signing time: 29-08-2023 10:11:43 AM

some other person, however, she wanted to marry with the present appellant/accused. There is overwriting in her school admission register in regard to her date of birth. The marksheet of the prosecutrix has not been filed. This appeal is likely to take long time to conclude. Hence, prayer is made to suspend the jail sentence and grant of bail to the appellants.

Counsel for the State vehemently opposed the application and prayed for its rejection.

Heard learned counsel for the parties and perused the materials available on record.

Considering the arguments advanced by learned counsel for the parties,

without commenting on merits of the case, I.A. No. 9477 of 2023 is hereby allowed. Subject to depositing of fine amount, if not already deposited, and on appellant furnishing personal bond of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety of the like amount to the satisfaction of the concerned trial Court, the remaining jail sentence of the appellant shall remain suspended and he be released on bail. He is further directed to mark his appearance before the Office of this Court on 21.12.2023 and on subsequent dates given by the Office in this regard, till final disposal of this appeal.

List the case for final hearing in due course. A copy of this order be sent to the concerned Court below for compliance.

Certified copy/ e-copy as per rules/directions.

                                                                            (SUNITA YADAV)
Signature Not Verified                                                           JUDGE
Signed by: SANJAY
                Durgekar
NAMDEORAO DURGEKAR
Signing time: 29-08-2023
10:11:43 AM