Madhya Pradesh High Court
Sanju vs The State Of Madhya Pradesh on 14 December, 2023
Author: Rohit Arya
Bench: Rohit Arya
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 8872 of 2023
(SANJU Vs THE STATE OF MADHYA PRADESH)
Dated : 14-12-2023
Shri Ravindra Singh Kushwah - Advocate for appellant.
Dr. Anjali Gyanani - Public Prosecutor for respondent/State.
Heard on IA No.18604 of 2023, first application under Section 389(1)
Cr.P.C. for suspension of sentence and grant of bail moved on behalf of
appellant-Sanju.
Appellant stood convicted under Section 4 of POCSO Act and under
Section 363, 366 IPC and sentenced to undergo LI with a fine of Rs.10,000/-,
RI for five years with a fine of Rs.5000/- and RI for five years with a fine of
Rs.5,000/- with default stipulations vide judgment of conviction and order of
sentence dated 04.05.2023 passed by the Special Judge (POCSO Act, 2012),
Bhind (M.P.) in Special Case No.195 of 2020.
Appellant so far has undergone jail sentence of three years and one
months
As per prosecution story, on 02.09.2020, prosecutrix at about 11 am had
gone to Kachwari to fetch fodder who did not return till 06:30 in the evening.
When prosecutrix could not be traced out even after intense search, father of
the prosecutrix reported the matter to Police Station Mihona and on the basis of
which Crime No.103 of 2020 was registered at Police Station Mihona District
Bhind and the investigation triggered. During investigation, prosecutrix
recovered and was sent for her medical examination. After completion of
investigation including recovery of prosecutrix, recording of statements and
collection of material, challan was filed 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. Prosecutrix in her statements
recorded under Sections 161, 164 as well as before the Trial Court became
hostile and did not support the story of prosecution. It is further submitted that
the parents of the prosecutrix have also turned hostile and did not support the
story of prosecution. It is further submitted that the appeal being of the year
2023 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 2023 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.18604 of 2023 stands allowed and it is directed
that the jail sentence of present appellant-Sanju 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) (AMAR NATH (KESHARWANI))
JUDGE JUDGE
(Dubey)
SUNEE Digitally signed by SUNEEL DUBEY
DN: c=IN, o=HIGH COURT OF
MADHYA PRADESH BENCH GWALIOR,
ou=HIGH COURT OF MADHYA
PRADESH BENCH GWALIOR,
L
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0a11fc66a5e160f585aa7a92425f380d
476b32818, postalCode=474001,
st=Madhya Pradesh,
serialNumber=4009CAE962958E019A
DUBEY
DDF04E87EFD5C07FA5D0C38532D55
0F61B55401A275B8C, cn=SUNEEL
DUBEY
Date: 2023.12.14 15:52:25 -08'00'
