Madhya Pradesh High Court
Dilip vs The State Of Madhya Pradesh on 31 January, 2023
Author: Anil Verma
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
CRA No. 12198 of 2022
(DILIP Vs THE STATE OF MADHYA PRADESH)
Dated : 31-01-2023
Shri Vivek Singh - Advocate for appellant.
Shri Hemant Sharma - Government Advocate for the respondent/State.
Record of the trial Court has been received.
Heard on IA.No.588/2023, which is an application for early hearing.
Since the matter is already taken up for hearing, therefore,
IA.No.588/2023 stands disposed off.
Also heard on the question of admission.
The appeal is admitted for final hearing.
Heard on I.A.No.587/2023, which is first application under Section
389(1) of Cr.P.C. for grant of bail and suspension of remaining jail sentence on
behalf of the sole appellant Dilip S/o Mangilal @ Mangulal.
Appellant stands convicted vide judgment dated 30/11/2022 passed in
Special Case No.28/2022 by Special Judge, POCSO Act, Alot, Disrict Ratlam
(M.P.) and has been sentenced to under go jail sentence under Section 354 of
IPC and Section 7/8 of Protection of Children from Sexual Offences Act, 2012
for 05 years months RI with fine of Rs.2,500/- and 05 years RI with fine of
Rs.2,500/- respectively with usual default stipulation.
Learned counsel for the appellant submit that appellant is an innocent
person and he has been falsely implicated in this matter. He has already suffered
jail incarceration for a period of four and half months. He is not having any
criminal background. There are material contradictions and omissions in the
statement of the witnesses. Looking to old pendency of the cases for
Signature Not Verified
Signed by: TEJPRAKASH
VYAS
Signing time: 2/1/2023
11:13:37 AM
consideration, final conclusion of this appeal would take sufficient long time.
There is a strong case in favour of the appellant. Hence, the execution of the
remaining part of the jail sentence of the appellant be suspended till the final
disposal of this appeal.
Per contra, learned counsel for the respondent / State opposes the
application for suspension of sentence and prays for its rejection by submitting
that trial Court on the basis of cogent evidence of prosecution and other
witnesses properly convicted and sentenced the appellant.
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 has already suffered jail incarceration for four and half months; he is
not having any criminal antecedent and final conclusion of the appeal will also
take sufficient long time. In view of the 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.587/2023 is allowed and it is directed subject to
deposit of fine any 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 Court, 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 18/07/2023 and on all such subsequent dates,
which are fixed in this behalf.
Signature Not Verified
Signed by: TEJPRAKASH
VYAS
Signing time: 2/1/2023
11:13:37 AM
Registry is directed to list the appeal for final hearing in due course.
Certified copy as per rules.
(ANIL VERMA)
JUDGE
Tej
Signature Not Verified
Signed by: TEJPRAKASH
VYAS
Signing time: 2/1/2023
11:13:37 AM
