Madhya Pradesh High Court
Pradeep Sankwar vs The State Of Madhya Pradesh on 19 December, 2023
Author: Sunita Yadav
Bench: Sunita Yadav
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 4075 of 2020
(PRADEEP SANKWAR Vs THE STATE OF MADHYA PRADESH)
Dated : 19-12-2023
Shri Ravi Sharma, learned counsel for the appellant.
Shri Alok Sharma - P.L.- appearing on behalf of Advocate General.
Heard on the question of admission;
This appeal appears to be arguable, hence, it is admitted for final
hearing.
Also heard on I.A. No. 22995 of 2023, which is Second application
under Section 389(1) Cr.P.C. for suspension of sentence and grant of bail
moved by the sole appellant Pradeep Sankwar. The first application for
suspension of sentence stood dismissed.
This Criminal Appeal assails the judgment dated 30.01.2020 passed by
6th Additional Sessions Judge & Special Judge (POCSO), District Bhind
(M.P.) in ST. No. 261/2018, whereby appellant has been convicted and
sentenced under Sections 377 of IPC and section 5 (m) /6 of POCSO Act to
undergo maximum rigorous imprisonment of Ten Years in each count with
maximum fine of Rs. 5,000/- in each count with default stipulations.
Learned counsel for the appellant submits that the trial Court has wrongly
convicted the appellant without considering the material and evidence available
on record. It is further argued that there are material omissions and
contradictions in the statement of the prosecution witnesses. It is further argued
that only interested and relatives of the complainant have been examined and no
independent witness has been examined. Further argument is that the appellant
has served about Six years of incarceration out of total awarded jail sentence of
Ten years. This appeal is likely to take long time to conclude. Hence, prayer is
made to suspend the jail sentence and grant of bail to appellant.
Counsel for the State vehemently opposed the application and prayed for
its rejection.
Heard learned counsel for the parties and perused the materials available
on record.
Considering the arguments advanced by learned counsel for the parties,
without commenting on merits of the case, I.A.No. 22995 of 2023 is hereby
allowed. Subject to depositing fine amount, if not already deposited, and on
furnishing personal bond by the appellant in sum of Rs. 50,000/- (Rupees
Fifty Thousand only) with two solvent sureties of the like amount to the
satisfaction of the concerned trial Court, the remaining jail sentence of the
appellant shall remain suspended and he be released on bail. Appellant is
further directed to mark his appearance before the Office of this Court on
15.02.2024 and on subsequent dates given by the Office in this regard, till final
disposal of this appeal.
List the case for final hearing in due course.
A copy of this order be sent to the concerned Court below for
compliance.
Certified copy/ e-copy as per rules/directions.
(SUNITA YADAV)
JUDGE
Durgekar
