Devendra Vishwakarma vs The State Of Madhya Pradesh
2023 Latest Caselaw 21948 MP

Madhya Pradesh High Court

Devendra Vishwakarma 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. 11220 of 2022 (DEVENDRA VISHWAKARMA Vs THE STATE OF MADHYA PRADESH)

Dated : 20-12-2023 Shri Sunil Kumar Mishra - Advocate for the appellant.

Ms. Chandrakanta Pal - P. L. for the State.

Considered I.A.No.23998/2023, which is First application u/s 389 (1) Cr.P.C. for suspension of sentence and grant of bail on behalf of appellant- Devendra Vishwakarma.

Vide impugned judgment dated 2.11.2022 passed in S.C.No.33/2019 by Special Judge (POCSO Act), Tikamgarh, the appellant has been convicted for offences u/s 363, 366-A and 376(2)(n) of IPC and sentenced to undergo R.I. for 5 years, 7 years and 10 years respectively and fine of Rs.3,000/-, Rs.5,000/- and Rs.10,000/- respectively with default stipulations.

Learned Counsel for the appellant submitted that the appellant has not committed any offence. He has been falsely implicated. He has further submitted that prosecutrix was major and she went with the applicant on her own will, and she lived with him for near about four months and she admitted

this fact in her statement recorded before the JMFC under Section 164. The appellant is a young person and this appeal will take too much time for final hearing. So he prays for suspension of sentence and grant of bail to appellant.

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 looking to the facts and circumstances of the case and considering the evidence of the prosecutrix and also her age, without commenting on the merit

of the case, it is a fit case for grant of bail. I.A. No.23998/2023 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 Devendra Vishwakarma be released on bail on his furnishing a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh 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.23998/2023 is allowed.

C.C. as per rules.

(HIRDESH) JUDGE

nd

Date: 2023.12.21 15:47:10 -08'00'