Madhya Pradesh High Court
Firoj vs The State Of Madhya Pradesh on 13 December, 2023
Author: Rohit Arya
Bench: Rohit Arya
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 4504 of 2022
(FIROJ Vs THE STATE OF MADHYA PRADESH)
Dated : 13-12-2023
Shri R.K. Dubey- Advocate for appellant.
Dr. Anjali Gyanani - Public Prosecutor for respondent/State.
Heard on IA No.12790 of 2023, first application under Section 389(1)
Cr.P.C. for suspension of sentence and grant of bail moved on behalf of
appellant-Firoz.
Appellant stood convicted under Section 6 of POCSO Act and under
Section 366 IPC and sentenced to undergo RI for twenty years with a fine of
Rs.5,000/- and RI for three years with a fine of Rs.2,000/- with default
stipulations vide judgment of conviction and order of sentence dated
05.04.2022 passed by the Second Additional Sessions Judge/Special Judge
(POCSO Act, 2012), Shivpuri (M.P.) in Special Case No.99 of 2021.
Appellant so far has undergone jail sentence of two years, eight months
and three days.
As per prosecution story, on 29.03.2021, mother of the prosecutrix along
with her daughter in law got written a report to the effect that on 28.03.2021, she
had gone to the hospital for getting done the medical treatment of her daughter
in law. At that time, the prosecutrix aged 16 years was at home. About after one
hour, when she along with her daughter in law returned, prosecutrix was not
found at home and even after intense search could not be traced out in the
vicinity. She had suspicion that Firoz of the neighbourhood might have got the
prosecutrix somewhere by extending her enticement. On the basis of such
report, Police Station Dehat, District Shivpuri (M.P.) registered the offence at
Crime No.139 of 2021 for the offence punishable under Section 363 IPC Ex.P-
6 and the Missing Report of the prosecutrix was registered at No.18/21. During
investigation, on 08.04.2021 prosecutrix was recovered vide Ex.P-7. After
completion of investigation, including recording of statements of prosecutrix
under Section 161 and 164 and statements of other witnesses and collection of
evidence, challan was filed under Section 363, 366, 376 IPC and under Section
3/4 of the POCSO Act before the competent court of criminal jurisdiction. The
Special Court upon critical evaluation of the evidence placed on record
convicted and sentenced the present appellant as referred above.
Learned counsel for appellant while taking exception to the impugned
judgment of conviction and order of sentence submits that the Special Court
has not appreciated the evidence placed on record in correct perspective. The
judgment suffers from surmises and conjectures. It is submitted by learned
counsel for the appellant that the appellant has no criminal antecedents. It is
further submitted that the appeal being of the year 2022 is not likely to be
decided early in the near future. On these grounds, learned counsel submits that
the present appellant may be extended the benefit of suspension of sentence
and grant of bail.
Per contra, learned Public Prosecutor, appearing on behalf of the
respondent/State, while supporting the judgment impugned, submits that no
exception can be taken in the matter of suspension of sentence and grant of
bail, regard being had to the nature and the gravity of offence found proved
against the present appellant.
Upon hearing learned counsel for the parties, though this Court refrains
from commenting upon the rival contentions touching merits of the case,
however, in the obtaining facts and circumstances and the fact that present
appeal being of the year 2022 and is not likely to be decided early in the near
future, the present appellant is entitled to the benefit of suspension of sentence
and grant of bail.
Accordingly, IA No.12790 of 2023 stands allowed and it is directed
that the jail sentence of present appellant-Firoz shall remain suspended during
pendency of the present appeal and he shall be released on bail subject to
verification of the factum of depositing the fine amount and on his furnishing a
personal bond in the sum of Rs.2,00,000/- (Rupees Two Lacs only) with one
solvent surety in the like amount to the satisfaction of the Trial Court. He is
directed to appear before the Registry of this Court first on 12.02.2024 and
thereafter, on all other subsequent dates as may be fixed in this behalf.
Observations on facts, if any, are only for the purpose of deciding the
instant I.A. and shall have no bearing on the merits of the appeal.
A copy of this order be sent to the concerned trial Court for compliance.
Certified copy as per rules.
(ROHIT ARYA) (AVANINDRA KUMAR SINGH)
JUDGE JUDGE
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