Madhya Pradesh High Court
Ballu @ Santosh Khamle vs The State Of Madhya Pradesh on 31 August, 2023
Author: Achal Kumar Paliwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 3652 of 2022
(BALLU @ SANTOSH KHAMLE Vs THE STATE OF MADHYA PRADESH)
Dated : 31-08-2023
Shri Jagat Kumar Dehariya - Advocate for the appellant.
Shri Pankaj Raj - Panel Lawyer for the respondent/State.
Shri Kamal Singh Rajput - Advocate for the prosecutrix/objector.
Heard on I.A.No.6760 of 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 01.04.2022 delivered in Special Case
No.59/2021 passed by Special Judge, SC/ST (Prevention of Atrocities) Act,
1989 Narsinghpur District-Narsinghpur.
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.1,000/-, under Section 366
of IPC and sentenced to undergo R.I. for 5 years and fine of Rs.2,000/- and
under Section 11 (iv)/12 of Protection of Children from Sexual Offences Act,
2012 and sentenced to undergo R.I. for one year and fine of Rs.500/- with
default stipulations.
Learned counsel for the appellant submits that there are contradictions in
prosecutrix's testimony and statement recorded under Section 164 of Cr.P.C.
Learned trial Court has wrongly relied upon Admission Register (Ex.P/10) and
wrongly determined the age of prosecutrix . The appellant is in jail for more than
one year. Prosecutrix and appellant want to solemnize marriage. Final hearing of
this appeal is not possible in near future, therefore, remaining jail sentence of
appellant may be suspended and he be released on bail.
Learned counsel for the prosecutrix/objector has pleaded no objection if
Signature Not Verified
Signed by: VAISHALI
AGRAWAL
Signing time: 9/1/2023
9:59:16 AM
appellant is released on bail.
Learned Panel Lawyer for the State on the other hand has opposed the
application.
Taking into consideration the prosecutrix's statement under Section 164
of Cr.P.C. (Ex.P/5) and prosecutrix's testimony including the fact that parties
want to solemnize the marriage, 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.6760 of 2022 is allowed.
Subject to depositing the fine amount, if not already deposited, the
remaining jail sentence of appellant-Ballu @ Santosh Khamle 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 Narsinghpur on 06.11.2023 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
vai
Signature Not Verified
Signed by: VAISHALI
AGRAWAL
Signing time: 9/1/2023
9:59:16 AM
