Madhya Pradesh High Court
Sanju @ Sanjay 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. 1332 of 2021
(SANJU @ SANJAY Vs THE STATE OF MADHYA PRADESH)
Dated : 19-12-2023
Shri Ravi Rahul, learned counsel for the appellant.
Shri Alok Sharma - P.L.- appearing on behalf of Advocate General.
Heard on I.A. No. 21975 of 2023, which is Fourth application under
Section 389(1) Cr.P.C. for suspension of sentence and grant of bail moved by
the sole appellant Sanju @ Sanjay. Earlier applications for suspension of
sentence stood dismissed. In one of the application for suspension of sentence
while dismissing the application liberty was granted to the appellant to revive the
prayer after undergone half of the jail sentence.
This Criminal Appeal assails the judgment dated 10.02.2021 passed by
2nd Additional Sessions Judge & Special Judge, (POCSO), District Vidisha
(M.P.) in SST. No. 09/2019, whereby, appellant has been convicted and
sentenced under Sections 366, 376 (1) of IPC to undergo maximum rigorous
imprisonment of Ten Years with maximum fine of Rs. 5,000/- 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 already served more than five 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. 21975 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
21.02.2024 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.
All interlocutory applications, if any, for urgent hearing stands disposed
of.
(SUNITA YADAV)
JUDGE
Durgekar
