Manish Kachhi (Patel) vs The State Of Madhya Pradesh
2023 Latest Caselaw 21279 MP

Madhya Pradesh High Court

Manish Kachhi (Patel) vs The State Of Madhya Pradesh on 13 December, 2023

Author: Hirdesh

Bench: Hirdesh

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 6244 of 2022 (MANISH KACHHI (PATEL) Vs THE STATE OF MADHYA PRADESH)

Dated : 13-12-2023 Shri Sandeep Mishra - Advocate for the appellant.

Ms.C.K.Pal - Panel Lawyer for the State.

Considered I.A.No.13769/2022, which is first application u/s 389(1) Cr.P.C. for suspension of sentence on behalf of appellant-Manish Kachhi (Patel).

Vide impugned judgment dated 29.6.2022 passed in SCATR No.17/2019 by Special Judge (POCSO), Damoh the appellant has been convicted for offences under sections 363, 366 & 376(1) of IPC and sentenced to undergo R.I. for 07 years, 07 years & 10 years with fine of Rs.500/-, Rs.500/- & Rs.1000/- respectively with default stipulations.

Learned counsel for the appellant submitted that appellant and prosecutrix knew each other. The prosecutrix lived with appellant for 10 days at some place. The date of birth of prosecutrix has not been assessed by the trial Court as per law. PW.5 (Gorelal) who is Teacher and proved the scholar

register (Ex.P/1) has stated in his cross-examination that there is no date of birth certificate attached with 'Dakhil Kharij' register, therefore, the assessment of age by the trial Court is not proper. Appellant has remained in custody for about 04 years. Final disposal of this appeal would take considerable time. Hence, prayer has been made to suspend the jail sentence of appellant.

Learned Panel Lawyer has opposed the prayer for suspension of sentence.

Considering the over all facts and circumstances of the case, evidence of

PW.5 (Gorelal) in respect of age of prosecutrix, custody period of appellant, final disposal of this appeal would take considerable time, and without commenting on merits of the case, the application 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-Manish Kachhi (Patel) be released on bail on his furnishing a personal bond for a sum of Rs.50,000/- (Rupees Fifty 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 concerned trial Court on 22th of February, 2024 and also on such other dates as may be fixed by the trial

Court in this regard during the pendency of this appeal.

I.A.No.13796/2022 is disposed of.

(HIRDESH) JUDGE

RM