Anand Adivasi vs The State Of Madhya Pradesh
2023 Latest Caselaw 20253 MP

Madhya Pradesh High Court

Anand Adivasi vs The State Of Madhya Pradesh on 1 December, 2023

Author: Sujoy Paul

Bench: Sujoy Paul

                                    1
             IN THE HIGH COURT OF MADHYA PRADESH
                          AT JABALPUR
                             CRA No. 8335 of 2023
              (ANAND ADIVASI Vs THE STATE OF MADHYA PRADESH AND OTHERS)

Dated : 01-12-2023
      Shri Shahnawaz Khan - Advocate for the appellant.

      Shri S.K. Kashyap - Government Advocate for the respondent/State.

Heard on I.A. No.15480/2023 application under Section 389(1) of the Cr.P.C for suspension of sentence and grant of bail to appellant - Anand Ad ivas i aris ing out of judgment dated 13.06.2023 delivered in S.T.

No.158/2020 passed by First Additional Sessions Judge/Special Judge (POCSO) Act, Begumgunj District Raisen, M.P.

The appellant has been convicted and sentenced for the offence punishable under Section 363 of IPC and sentenced to undergo R.I. for 3 years with fine of Rs. 1000/-, under Section 366A of IPC and sentenced to undergo R.I. for 5 years with fine of Rs.1000/- and under Section 5(L)/6 of the POCSO Act and sentenced to undergo RI 20 years with fine of Rs.2000/- with default stipulation.

Learned counsel for the appellant submits that determination of age of

prosecutrix by the Court below is erroneous. The victim was not a juvenile at the time of alleged commission of crime. The appellant and victim have solemnized marriage and deposition of PW-1 is clear on this aspects. Out of said wedlock, child was born and birth certificate of the child is filed with I.A. N o . 28107/2023. In addition, Samagra Portal containing family details (Annexure A/D-2) is filed which contains the name of appellant and his wife/prosecutix. The appellant will look after the family and final hearing of this

appeal is not possible in near future. Thus, remaining jail sentence of appellant may be suspended.

Learned Government Advocate for the State opposed the prayer for suspension of remaining jail sentence and grant of bail.

Considering the aforesaid factual backdrop and without expressing any conclusive opinion on the merits of the case, we deem it proper to suspend the remaining jail sentence of this appellant.

Accordingly, I.A. No.15480/2023 is allowed.

Subject to depositing the fine amount (if not already deposited), the remaining jail sentence of this appellant is hereby suspended and it is directed

that appellant Anand Adivasi 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, Begumgunj District Raisen o n 11.01.2024 and also on such other dates as may be fixed by the trial Court in this regard during the pendency of this appeal.

C.c. today.

                (SUJOY PAUL)                                     (BINOD KUMAR DWIVEDI)
                   JUDGE                                                 JUDGE

          L.R.


Date: 2023.12.01 15:21:44 +05'30'