Ishan Ali vs The State Of Madhya Pradesh
2023 Latest Caselaw 21941 MP

Madhya Pradesh High Court

Ishan Ali vs The State Of Madhya Pradesh on 20 December, 2023

Author: Hirdesh

Bench: Hirdesh

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 13971 of 2023 (ISHAN ALI Vs THE STATE OF MADHYA PRADESH)

Dated : 20-12-2023 Shri Mayank Kumar Shrivastava - Advocate for the appellant.

Mr. Kunwar Singh Patel - P.L. for the State.

Considered I.A.No.26310/2023, which is first application u/s 389 (1) Cr.P.C. for suspension of sentence and grant of bail on behalf of appellant- Ishan Ali.

Vide impugned judgment dated 20.10.2023 passed in S.C.No.225/2022 by Special Judge (POCSO Act), Bhopal, the appellant has been convicted for offences u/s 354-A (1) and 354-A (2) of IPC and sentenced to undergo R.I. for 3 years and 3 years respectively and fine of Rs.500/- and Rs.500/- respectively, with default stipulations.

Learned Counsel for the appellant submitted that the appellant was falsely implicated and he is innocent. The prosecutrix was examined and she admitted in Para 25 of her Statement that religious quarrel has taken place and on account of that quarrel the complaint was made. He further submitted that there

is not allegation of outraging the modesty of the prosecutrix. Even there was a dispute of victim with the accused. He further submitted that the trial court has committed error in assessing the age of the prosecutrix below 18 years. He said that the evidence of the Head-Master - P.W.-5 is not reliable, who does not know on what basis date of birth was mentioned in the scholar register and also submitted that appellant was in jail since his arrest. So he prays for suspension of sentence and grant of bail.

Learned counsel for the State opposed the application for suspension of

sentence and grant of bail.

After hearing Counsel for both the parties, and on perusal of the record, and considering the evidence of the prosecutrix and the statement of P.W.-5, without commenting on the merit of the case, it is a fit case for grant of bail. I.A. No.26310/2023 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 Ishan Ali be released on bail on his furnishing a personal bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety of the like amount to the satisfaction of the concerned trial Court with a further

direction to appear before concerned trial Court, on 21th of March, 2024 and also on such other dates as may be fixed by the trial Court in this regard during the pendency of this appeal.

I.A.No.26310/2023 is allowed.

C.C. as per rules

(HIRDESH) JUDGE

nd

Date: 2023.12.21 15:57:12 -08'00'