Ramniwas vs The State Of Madhya Pradesh
2023 Latest Caselaw 3558 MP

                                                             1
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT INDORE
                                                      CRA No. 1660 of 2019
                                              (RAMNIWAS Vs THE STATE OF MADHYA PRADESH)

                          Dated : 28-02-2023
                                Shri S.M. Porwal, learned counsel for the appellant.

                                Shri Hitendra Tripathi, learned Panel Lawyer for the respondent/State.

Heard on I.A.No.2471/2023, which is the third repeat application filed under Section 389(1) of the Cr.P.C. for suspension of jail sentence of the appellant-Ramniwas Prajapti s/o Ghanshyam Prajapati.

The appellant has been convicted vide judgment dated 5.02.2019 passed in S.T.No.1300054/2016 by the Special Judge (POCSO Act), Mandsaur for offence punishable under Sections 363, 366, 376 (2)(N) of the IPC and sentenced him to undergo 2 yrs, 3 yrs, 10 yrs R.I.with fine of Rs.1,000/-, 1000/- and Rs. 5000/- with usual default stipulation.

Appellant's first application-I.A.No.4294/2019 was dismissed on 8.7.2019 on merits; whereas his second application-I.A.No.23636/2021 was dismissed on 4.12.2021 with liberty to apply for early hearing of the appeal and thereafter, his application for early hearing of the appeal was allowed on

5.12.2022 and the matter was listed for final hearing in the second week of January, 2023, but could not be heard. Thus, it is submitted that as the final disposal of the appeal is likely to take a long time and the appellant has completed four and a half years of incarceration the application be allowed and the jail sentence of the appellant be suspended.

Counsel for the respondent/State has opposed the prayer. On considering the aforesaid submissions, on perusal of the record, it is found that the age of the prosecutrix was 17 years and six months, as per Signature Not Verified Signed by: MONI RAJU Signing time: 2/28/2023 6:22:47 PM

prosecution and the appellant has also disputed the age of the prosecutrix by way of reference of the prosecution witness No.8. In such circumstances, this Court finds it expedient to allow the application for suspension of sentence of the appellant, taking note of the period of incarceration, which is more than four and six months and it is also apparent that the final disposal of the appeal is likely to take a long time. Accordingly, the application I.A.No.2471/2023 is allowed.

It is directed that on furnishing a personal bond by the appellant in the sum of Rs.25,000/-(Rupees Twenty Five Thousand only) with a solvent surety in the like amount to the satisfaction of the learned trial Court, for his regular

appearance before concerned trial Court, the execution of the custodial part of the sentence imposed against the appellant shall remain suspended, till the final disposal of this appeal.

The appellant after being enlarged on bail, shall mark his presence before the concerned trial Court on 12.05.2023 and on all such subsequent dates, as may be fixed by the concerned Court in this regard.

Certified copy, as per rules.

(SUBODH ABHYANKAR) JUDGE

moni

Signature Not Verified Signed by: MONI RAJU Signing time: 2/28/2023 6:22:47 PM