Subhashchandra @ Subhash vs The State Of Madhya Pradesh
2023 Latest Caselaw 1198 MP

                                                   1
                            IN THE HIGH COURT OF MADHYA PRADESH
                                          AT INDORE
                                           CRA No. 11302 of 2022
                      (SUBHASHCHANDRA @ SUBHASH Vs THE STATE OF MADHYA PRADESH AND OTHERS)

             Dated : 19-01-2023
                      Shri Nilesh Dave - Advocate for the appellant.

                      Shri Vishal Panwar - Pl for the respondents/State.

Record of the trial Court has been received.

Heard on the question of admission.

The appeal is admitted for final hearing.

Heard on I.A. No.764/2023, which is an application for taking additional documents on record. Documents may be relevant for proper adjudication of this appeal. Hence, I.A. No.764/2023 is allowed and documents be taken on record.

Heard on IA No.262/2023 which is an application for urgent hearing. Matter has already been taken up for consideration today, therefore IA stands disposed off being rendered infructuous.

Also heard on I.A. No.263/2023, which is an application under Section 389(1) of Cr.P.C. for grant of bail and suspension of remaining jail sentence on

behalf of the appellant Subhashchandra.

Appellant has been convicted vide judgment dated 29.11.2022 passed in Case No.SCATR/39/2019 by Special Judge, POCSO Act, Mandaleshwar, West Nimar (M.P.) and has sentenced to under go jail sentence under Section 354(2 counts) of IPC, Section 7/8(2 counts) of POCSO Act and Sections 3(1) (w)(i)(2 counts) and 3(2)(V-A)(2 counts) of SC & ST Act for 05-05 years RI, Signature Not Verified

05-05 years RI, 01-01 years RI and 05-05 years RI with fine of Rs.3,000- Signed by: SHRUTI JHA Signing time: 1/20/2023 10:14:24 AM 3,000/-, Rs.3,000-3,000/-, Rs.1,000-1,000/- and Rs.3,000-3,000/- respectively

with default stipulation.

Learned counsel for the appellant submits that appellant is an innocent person and he has been falsely implicated in this matter. Appellant is in custody since the date of judgment i.e. 29.11.2022. The prosecutrix (PW-1) admits in Para 21 of her cross-examination that appellant did not assault on her and he did not outraged her modesty and due to the advise and at the instance of her mother, she lodged the FIR against the appellant. Prosecutrix (PW-2) also deposed in Para 12 of cross-examination that no incident has taken place with her. He is not having any criminal antecedents. The trial Court has erred in convicting the appellant without appreciating the evidence available on record in

its true perspective. During the trial appellant was on bail and he has not misused the liberty granted to him. There are so many material contradictions and omissions in the statement of witnesses. Looking to old pendency of the cases for consideration, final conclusion of this appeal would take sufficient long time. There is a strong case in favour of the appellant. Appellant is the permanent resident of District Khargone. Hence, the execution of the remaining part of the jail sentence of the appellant be suspended till the final disposal of this appeal.

P er contra, learned counsel for the Panel Lawyer / State opposes the application for suspension of sentence and prays for its rejection.

Considering all the facts and circumstances of the case, nature of the allegation levelled against the appellant and also taking note of the fact that appellant was on bail during the trial and there is no complaint that he has

Signature Notmisused Verified the liberty given to him; appellant has no past criminal record and final Signed by: SHRUTI JHA conclusion of the appeal will also take sufficient long time. In view of the Signing time: 1/20/2023 10:14:24 AM

aforesaid facts and circumstances of the case, I find it is to be a fit case to suspend the remaining custodial sentence of the appellant.

Accordingly, I.A. No.263/2023 is allowed and it is directed subject to deposit of fine amount, if not already deposited, and subject to furnishing personal bond by the appellant in the sum of Rs.75,000/- (Rupees Seventy Five Thousand Only) with separate solvent surety in the like amount to the satisfaction of learned trial, the execution of remaining custodial part of the sentence of the appellant shall remain suspended, till final disposal of this appeal.

The appellant after being enlarged on bail shall mark his presence before the Registry of this Court on 11.05.2023 and on all such subsequent dates, which are fixed in this behalf.

Registry is directed to list the appeal for final hearing in due course. Certified copy as per rules.

(ANIL VERMA) JUDGE

Shruti

Signature Not Verified Signed by: SHRUTI JHA Signing time: 1/20/2023 10:14:24 AM