Madhya Pradesh High Court
Vinod vs The State Of Madhya Pradesh on 20 December, 2023
Author: Hirdesh
Bench: Hirdesh
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 8827 of 2022
(VINOD Vs THE STATE OF MADHYA PRADESH AND OTHERS)
Dated : 20-12-2023
Shri Abhay Gupta - Advocate for the appellant.
Ms. Seema Sahu - P.L. for the respondent/State.
Heard on I.A. No. 23808 of 2023, an application under Section 389(1) of
the Cr.P.C for suspension of sentence and grant of bail to appellant Vinod
arising out of judgment dated 06.05.2022 delivered in S.C. Case No.88/2018
passed by IIIrd Additional Sessions Judge/Special Judge, (POCSO Act, 2012)
Harda (MP).
T h e appellant has been convicted for the offences punishable under
Section 363 of IPC and sentenced to undergo RI for 3 years with fine of
Rs.100/- and under Section 366 of IPC and sentenced to undergo RI for 10
years with fine of Rs.500/-, under Section 376(2) (n) of IPC and sentenced to
undergo RI for 10 years with fine of Rs.5,00/- and under Section 3 r/w 4 of
POCSO Act, 2012 and sentenced to undergo RI for 7 years with fine of
Rs.200/- and under Section 5(1) r/w 6 of POCSO Act, 2012 and sentenced to
undergo RI for 10 years with fine of Rs. 1,000/- with default stipulations.
Learned counsel for appellant submits that appellant and prosecutrix was
known to each other before the incident. Appellant has been falsely implicated
in this case. Prosecutrix travel with the appellant on her own will and volition.
Trial court committed error in assessing the age of prosecutrix below 18 years.
Age of the proseuctrix has been assessed on the basis of scholar register. Shri
Santosh Panchouli (PW-12) stated in examination in chief no documents in
regard to the age of proseuctrix was provided by her father. He is in jail since
22.09.2018. Final hearing of this appeal is not possible in near future. Thus,
remaining jail sentence of appellant may be suspended.
Learned Panel Lawyer opposed the prayer on the basis of objection.
Considering the facts and circumstances of the case and period of
detention and evidence of Shri Santosh Panchouli PW-12 bleak chances of
final hearing in near future, without expressing any conclusive opinion on the
merits of the case, I deem it proper to suspend the remaining jail sentence of
appellant.
Accordingly, I.A. No. 23808 of 2023 is allowed.
Subject to depositing the fine amount (if not already deposited), the
remaining jail sentence of appellant is hereby suspended and it is directed that
appellant Vinod 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 trial Court with a further direction to appear
before the concerned trial Court on 20th of February 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.
(HIRDESH)
JUDGE
Akm
