Madhya Pradesh High Court
Taposh Kumar (T.K.) vs The State Of Madhya Pradesh on 20 February, 2023
Author: Deepak Kumar Agarwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 986 of 2022
(TAPOSH KUMAR (T.K.) Vs THE STATE OF MADHYA PRADESH)
Dated : 20-02-2023
Shri Pallav Tripathi- Advocate for the appellant.
Shri C.P, Singh- Government Advocate for the respondent/ State.
Heard on I.A.No.10429/2022, second application u/Sec. 389(1) of
Cr.P.C. for suspension of sentence and grant of bail filed on behalf of
appellant Dr. Taposh Kumar Gupta.
This criminal appeal has been filed against the judgment dated 31.12.2021
passed in S.T. No.211/2016 by Tenth Additional Sessions Judge, Gwalior
whereby the appellant has been convicted and sentenced under Section 370 of
IPC for 10 years' RI with fine of Rs.10,000/- and under Section 75 of Juvenile
Justice Act, 2015 for 3 years' RI with fine of Rs.5,000/- and under Section 80
of Juvenile justice Act, 2015 for 3 years' RI and under Section 81 of Juvenile
Justice Act, 2015 for 3 years' RI with fine of Rs.1,00,000/- with default
stipulation.
I n brief case of the prosecution is that police got information that in
Palash Hospital, Morar District Gwalior, illicit birth takes place thereafter child
who took birth there, is sold out by the hospital. One girl aged about one year
eight months was rescued from the possession of the present appellant-accused
and was handed over to his wife. One other girl aged about seven months was
found with present appellant thereafter offence was registered against appellant
and nurse and one other person Arun Bhadouriya under Sections 370, 372, 373,
304 of IPC and under Sections 75, 80 and 81 of Juvenile Justice Act and they
were arrested. Statement were recorded, charge sheet has been submitted.
Signature Not Verified
Signed by: AVINASH
BHARGAV
Signing time: 20-02-2023
06:43:00 PM
Learned counsel for the appellant made submission that witnesses have
not supported prosecution case but only on the ground that child was found
from the possession of applicant then he was convicted. Learned Advocate
made submission that appellant adopt that child through their mother and father.
Appeal is of the year 2022 which may take long time for it's conclusion.
Under these circumstances, the execution of sentence be suspended and the
appellant be released on bail.
On the contrary, learned counsel for the State opposed the application
and prayed for its rejection.
Keeping in view of the aforesaid submissions of learned counsel for the
parties and the fact that an early hearing of this case is not possible, I.A.
No.10429/2022 is allowed.
It is therefore, directed that if appellant deposit the entire fine amount, if
not already deposited, and furnish a personal bond in the sum o f Rs.50,000/-
(Rupees Fifty Thousand Only) with one solvent surety of the like amount to
the satisfaction of concerned Trial Court for his appearance before the Principal
Registrar of this Court on 28.04.2023 and on such further dates as may be
fixed by the office in this regard, sentence of imprisonment awarded to him
shall remain suspended till further orders and he shall be released on bail.
Application ( I.A. No.10429/2022 ) is allowed and disposed of.
A copy of this order be sent to the trial Court concerned for necessary
compliance.
C.c. as per rules.
Signature Not Verified
Signed by: AVINASH
BHARGAV
Signing time: 20-02-2023
06:43:00 PM
(DEEPAK KUMAR AGARWAL)
JUDGE
Avi
Signature Not Verified
Signed by: AVINASH
BHARGAV
Signing time: 20-02-2023
06:43:00 PM
