Madhya Pradesh High Court
Lavkesh @ Lokesh vs The State Of Madhya Pradesh on 18 December, 2023
Author: Sujoy Paul
Bench: Sujoy Paul
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 11030 of 2022
(LAVKESH @ LOKESH Vs THE STATE OF MADHYA PRADESH AND OTHERS)
Dated : 18-12-2023
Shri P.S. Chouhan - Advocate for the appellant.
Shri Vikash Chouksey- Advocate for the objector.
Shri A.N. Gupta - Govt. Advocate for the respondent / State.
Heard on I.A. No.22526 of 2022 , an application under Section 389(1)
o f the Cr.P.C for suspension of sentence and grant of bail to appellant
Lavkesh @ Lokesh arising out of judgment dated 05.11.2022 delivered in SC
ATR No. 16/2019 passed by Special Judge, POCSO Act and SC /ST (
Prevention of Atrocities) Act Betul, Distt. Betul
The appellant has been convicted and sentenced for the offence
punishable under Section 3(2)(va) of SC/ST ( Prevention of Atrocities) Act r/w
Section 363 of IPC and sentenced to undergo R.I. for 4 years with fine of Rs.
1,000/-, under Section 366 of IPC sentenced to undergo R.I. for 5 years and
fine of Rs.1,000/-, under Section 376(2)(n) of IPC sentenced to undergo R.I.
for 10 years with fine of Rs. 2,000/-, under Section 6 R/w Secction 5(J)(ii) of
POCSO Act sentenced to undergo R.I. for 10 years with fine of Rs. 2,000/-
and under Section 3(2)(v) of SC/ ST Act R/w Section 376(2)(n) of IPC
sentenced to undergo Life imprisonment with fine of Rs. 2,000/- with default
stipulations.
Learned counsel for the appellant submits that the Court below has
committed an error of law in determining the age of victim. The appellant and
victim after attaining the age of majority solemnized marriage and out of said
wedlock a girl child was born. The birth certificate is filed alongwith IA No.
24560/2023 wherein name of appellant is mentioned as father. For the same
purpose, Election Commission's Elector Photo Identity Card of victim is filed
where appellant's name is mentioned as husband. It is submitted that continuous
incarceration of appellant will cause more harm than good. The final hearing of
this matter is not possible in near future. Thus, remaining jail sentence of
appellant may be suspended.
Shri A.N. Gupta, learned G.A. opposed the prayer on the basis of
objection.
Shri Vikash Chouksey, learned counsel for the objector supported the
I.A. and fairly submits that after obtaining instructions from the victim, who is
present in the said marriage has indeed taken place and out of which a girl child
was borne.
Considering the factual backdrop and without expressing any opinion on
the merits of the case, we deem it proper to suspend the remaining jail sentence
of appellant - Lavkesh @ Lokesh
Accordingly, I.A. No. 22526 of 2022 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 - Lavkesh @ Lokesh 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 Betul o n 12.02.2024
and also on such other dates as may be fixed by the trial Court in this regard
during the pendency of this appeal.
Certified copy as per rules.
(SUJOY PAUL) (BINOD KUMAR DWIVEDI)
JUDGE JUDGE
sarathe
