Madhya Pradesh High Court
Satendra Alias Satyendra Lodhi 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. 14124 of 2023
(SATENDRA ALIAS SATYENDRA LODHI Vs THE STATE OF MADHYA PRADESH)
Dated : 19-12-2023
Shri Anand Purohit - Advocate for appellant.
Shri Prabhakar Kushwah - Panel Lawyer for State.
Appeal being arguable is admitted for hearing.
Heard o n I.A. No. 21760 of 2023, first application under Section 389
(1) of CrPC for suspension of jail sentence and grant of bail to sole appellant
Satendra alias Satyendra Lodhi.
This Criminal Appeal assails the judgment dated 30.10.2023 passed by
Special Judge(POCSO Act), Pichhore, District Shivpuri (M.P.) in Sessions
Trial No.26/2019, whereby the appellant has been convicted and sentenced
under Section 363 of IPC to undergo rigorous imprisonment of five years with
fine of Rs.2500/-, under Section 366 of IPC to undergo rigorous imprisonment
of seven years with fine of Rs.3000/- and under Secion 5/6 of POCSO Act to
undergo rigorous imprisonment of 10 years with fine of Rs.5000/-, with default
stipulations.
Learned counsel for the appellant submits that the trial Court has wrongly
convicted the present appellant without appreciating the fact that prosecutrix as
well as her parents have not supported case of prosecution and turned hostile.
Further submission is that on the basis of statement of parents of prosecutrix as
well as Head Master, the fact that prosecutrix was minor become suspicious.
There are material contradictions and omissions in the statement of the
prosecution witnesses. Learned counsel for the appellant further submitted that
present appellant has already served almost six months incarceration out of total
jail sentence. Present criminal appeal is likely to take long time to conclude and
the appellant is ready and willing to abide by all the conditions which may be
imposed by this Court. Hence, he prayed to suspend the jail sentence and grant
of bail to the appellant.
On the other hand, learned 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 rendered by learned counsel for the appellants
as well as facts and circumstances of the case, without commenting on merits
of the case, I.A.No.21760 of 2023 is hereby allowed. Subject to depositing of
fine amount, if not already deposited, and on furnishing personal bond in the
sum of Rs.50,000/- (Rupees Fifty Thousand only) with a solvent surety of
the like amount to the satisfaction of the concerned trial Court, the remaining jail
sentence of appellant - Satendra alias Satyendra Lodhi shall remain
suspended and he be released on bail. The appellant is further directed to mark
his appearance before the Office of this Court o n 22.02.2024 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
Rohit
