Madhya Pradesh High Court
Sonu @ Neelesh Vishvakarma vs The State Of Madhya Pradesh on 20 December, 2023
Author: Rohit Arya
Bench: Rohit Arya
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 7372 of 2018
(SONU @ NEELESH VISHVAKARMA Vs THE STATE OF MADHYA PRADESH)
Dated : 20-12-2023
Shri A.K.Jain - Advocate for the appellant.
Dr. Anjali Gyanani - Public Prosecutor for respondent/State.
Heard on I.A.No.21809 of 2023, first application under Section 389 (1)
Cr.P.C. for suspension of sentence and grant of bail moved on behalf of sole
appellant - Sonu alias Neelesh.
Appellant stands convicted under Section 376 (2) (Jha) of IPC and
sentenced to life imprisonment with fine of Rs.10,000/-, under Section 366A of
IPC and sentenced to undergo R.I. for 10 years with fine of Rs.10,000/- with
default stipulations vide judgment of conviction and order of sentence dated
21.05.2018 passed by the Second Additions Session Judge/Special Judge
(POCSO Act), Ashoknagar, (M.P.) in Special Session Case No.17/2016.
Appellant so far has undergone 7 years, 8 months of jail incarceration.
As per prosecution story, on 18.03.2016 complainant Shakir Ali lodged
complaint to the effect that on 17.03.2016 in the night at about 11:00 he and his
family members were sleeping and when he woke up in the morning he found
that his daughter was missing. Four months ago before the incident, accused
Sonu Vishkarma had done some construction work in his house, therefore
complainant had some doubt over him. Upon collection of the relevant material,
challan was filed. The case was committed to the Special Court for trial. The
Special Court upon critical evaluation of the evidence placed before it and
recording of statements of material witnesses, convicted and sentenced the
present appellant, as referred above.
Learned counsel for the appellant submits that the appellant is innocent
and he has been falsely implicated. The trial Court has not appreciated the
evidence in correct perspective and the same suffers from surmises and
conjectures. It is further submitted by the learned counsel for the appellant that
as per the statement of the prosecutrix, it is a case of consent as she stayed with
the accused at different places. Appellant has already suffered 7 years and 8
months of jail incarceration. The appeal is of the year 2018 and there is no
likelihood of early hearing of this appeal in near future. Under such
circumstances, it is prayed that jail sentence of the appellant may kindly be
suspended.
Learned counsel for the respondent-State opposed the prayer while
supporting the impugned judgment and submits that at the relevant point of time
prosecutrix was a minor aged about 15 years.
Upon hearing learned counsel for the parties, though this Court refrains
from commenting upon the rival contentions so advanced touching merits of the
case, but regard being had to the fact that appeal is of the year 2018 and there is
no likelihood of early hearing of the appeal, coupled with the fact that the
appellant has suffered incarceration for period of 7 years and 8 months and in
the obtaining facts and circumstances, this Court is of the view that appellant is
entitled to suspension of custodial sentences.
Accordingly, we allow the application and direct that the jail sentences of
appellant- Sonu @ Neelesh Vishvakarma shall remain suspended during
pendency of the present appeal and he be released on bail on his furnishing a
personal bond in the sum of Rs.1,00,000/- (Rupees One Lac only) with one
solvent surety in the like amount to the satisfaction of the trial Court subject to
verification of factum regarding deposit of fine amount. Appellant- Sonu @
Neelesh Vishvakarma is directed to appear before the Registry of this Court
first on 24/01/2024 and on other subsequent dates as may be fixed in this
behalf during pendency of this appeal.
Accordingly, I.A.No.21809 of 2023 stands allowed and disposed of.
Observations on facts, if any, are only for the purpose of deciding the
instant I.A. and shall have no bearing on the merits of the appeal.
Certified copy as per rules.
(ROHIT ARYA) (AMAR NATH (KESHARWANI))
JUDGE JUDGE
AK/-
ANAND
KUMAR
2023.12.20
17:08:28
+05'30'
