Manoj Kumar Rathore vs The State Of Madhya Pradesh
2023 Latest Caselaw 3156 MP

                                                              1
                                          IN THE HIGH COURT OF MADHYA PRADESH
                                                       AT JABALPUR
                                                      CRA No. 11331 of 2022
                                    (MANOJ KUMAR RATHORE Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                          Dated : 21-02-2023
                                 Ms. Anjana Kuraria - Advocate for the appellant.

                                 Shri A.N. Gupta - Government Advocate for the respondent/State.

I.A.No.23058 of 2022 an application under Section 389(1) of the Cr.P.C for suspension of sentence and grant of bail to appellant Manoj Kumar Rathore arising out of judgment dated 22.11.2022 delivered in Special Case

No.45/2018, by Special Judge (POCSO Act), Anuppur (M.P.) is taken up for consideration.

The appellant has been convicted under Sections 363, 366, 342, 376 (3) of the IPC and 3/4 of the POCSO Act and sentenced to undergo R.I. for five years with fine of Rs.1,000/-, R.I. for five years with fine of Rs.1,000/-, R.I. for one years with fine of Rs.1,000/-, R.I. for twenty years with fine of Rs.1,000/- and R.I. for twenty years with fine of Rs.1,000/- respectively, with default stipulations.

Learned counsel for the appellant submits that the appellant and victim

have solemnized marriage and photographs were shown to this Court. Out of the said wedlock a child was also born. The marriage invitation card is also shown to us. In addition, it is submitted that victim is residing in her matrimonial house. Thus, the remaining jail sentence of the appellant may be suspended.

Ms. Kuraria, learned counsel for the appellant is directed to file these documents today itself.

Learned Government Advocate opposed the prayer for suspension of jail sentence of the appellant on the basis of the objection. Signature Not Verified Signed by: DHEERAJ PRATAP SINGH Signing time: 21-Feb-23 5:07:24 PM

The victim carrying a child appeared in person and submits that she is residing in the house of her husband and she has no objection if appellant is granted benefit of suspension of sentence.

Considering the factum of marriage coupled with the fact that the final hearing of this appeal is not possible in near future, without expressing any conclusive opinion on merits, we deem it proper to suspend the remaining jail sentence of the appellant. Accordingly, I.A.No.23058 of 2022 is allowed.

Subject to depositing the fine amount (if not already deposited), the remaining jail sentence of appellant Manoj Kumar Rathore is hereby suspended and it is directed that the appellant be released on bail on his

furnishing a personal bond for a sum of Rs.30,000/- (Rupees Thirty 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 trial Court, Anuppur on 3rd of July, 2023 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 today.

                            (SUJOY PAUL)                                 (AMAR NATH (KESHARWANI))
                               JUDGE                                              JUDGE

                          DPS




Signature Not Verified
Signed by: DHEERAJ
PRATAP SINGH
Signing time: 21-Feb-23
5:07:24 PM