Ajay Lodhi vs The State Of Madhya Pradesh
2023 Latest Caselaw 3562 MP

                                                              1
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                        CRA No. 6352 of 2022
                                              (AJAY LODHI Vs THE STATE OF MADHYA PRADESH)

                          Dated : 28-02-2023
                                Shri Kaustubh Singh, learned counsel for the appellant.

                                Shri S. K. Kashyap, learned Government Advocate for the
                          respondent/State.

I.A.No.16350 of 2022 an application under Section 389(1) of the Cr.P.C for suspension of sentence and grant of bail to sole appellant Ajay

Lodhi arising out of judgment dated 10.03.2022 delivered in Special Case No.56/2021 by 18th Additional Special Judge (POCSO Act), Bhopal (M.P.) is taken up for consideration.

The appellant has been convicted under Sections 363, 366, 344, 376(3) 376(2)(n) & 376(2)(m) of the IPC and 5(l)/6 and 5(j)(ii)/6 of the POCSO Act and sentenced to undergo R.I. for seven years with fine of Rs.1,000/-, R.I. for ten years with fine of Rs.1,000/-, R.I. for twenty years with fine of Rs.1,000/-, R.I. for twenty years with fine of Rs.1,000/-, R.I. for twenty years with fine of Rs.1,000/-,respectively with default stipulations.

Shri Kashyap informs that victim is served.

As per prosecution story, on 12.01.2020 the grandmother of prosecutrix lodged a report that her grand daughter has left the house on 11.01.2020 at around 7.30.PM without informing anyone but she was recovered from appellant. The appellant was prosecuted under the relevant provisions of IPC and POCSO Act. Learned counsel for the appellant submits that both have solemnized marriage and out of the said wedlock a girl child was born.

Learned counsel for the appellant submits that on the last date, this Court Signature Not Verified Signed by: MRS. LORETTA RAJ Signing time: 3/1/2023 11:04:50 AM

directed the respondent to verify the factum of marriage, the birth of said child and whether the victim is residing in her matrimonial house.

Learned Government counsel after obtaining instructions informed that victim is indeed residing with the family of appellant and the girl child was also born out of said wedlock.

Learned counsel for the appellant submits that determination of age by the Court below was not proper.

Considering the arguments and in view of aforesaid factual backdrop and without expressing any conclusive opinion on merits, we deem it proper to suspend the remaining jail sentence of the appellant. Moreso, when final hearing

of this appeal is not possible and victim is residing with the family of appellant. The continuous incarceration of appellant may cause more harm than good. Accordingly, I.A.No.16350/2022 is allowed.

Subject to depositing the fine amount (if not already deposited), the remaining jail sentence of appellant Ajay Lodhi 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, Bhopal on 8th of May, 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 as per rules.

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

                          Loretta

Signature Not Verified
Signed by: MRS. LORETTA
RAJ
Signing time: 3/1/2023
11:04:50 AM