Madhya Pradesh High Court
Ballu @ Balram vs The State Of Madhya Pradesh on 5 July, 2023
Author: Deepak Kumar Agarwal
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 5268 of 2023
(BALLU @ BALRAM Vs THE STATE OF MADHYA PRADESH)
Dated : 05-07-2023
Shri Sushil Goswami, learned counsel for appellant.
Shri Pramod Pachori, learned Public Prosecutor for State.
Heard on I.A.No.9991/2023, first application u/Sec. 389(1) of Cr.P.C.
for suspension of sentence and grant of bail filed on behalf of appellant-Ballu
alias Balram.
This criminal appeal has been filed against the judgment dated 14.03.2023
passed in Special Case No.11/2015 by First Additional Sessions Judge
(POCSO Act) Seondha District Datia (M.P.) whereby the appellant has been
convicted under Section 363 of IPC and sentenced to undergo five years R.I.
with fine of Rs.5000/-, under Section 366 of IPC and sentenced to undergo
seven years R.I. with fine of Rs.5000/- and under Section 376(2)(>) of IPC and
sentenced to undergo ten years R.I. with fine of Rs.10,000/- with default
stipulation.
I n brief case of the prosecution is that on 01.02.2015 father of
prosecutrix lodged an FIR at Police Station Atreta District Datia against present
appellant that present appellant enticed and took away his girl (Prosecutrix)
aged about 13 years in order to solemnize marriage with her. On his report,
Crime No. 04/2015 for the offence punishable under Section 363 and 366 of
IPC was registered. After 20 days, the prosecutrix was recovered. Her
statement under Section 161 of CrPC was recorded in which she has stated that
she is aged about 13 years. Appellant resides infront of her house since last two
years. She had a friendship with him. On 31.01.2015 on the instigation of
Signature Not Verified
Signed by: YOGENDRA
OJHA
Signing time: 7/5/2023
6:45:36 PM
appellant, she eloped with present appellant. They went to Ratangarh Temple
where they solemnized marriage. Thereafter present appellant took her to Dabra
and stayed her in a relative house. Thereafter present appellant took her to
Palwal where he took a room on rent and both of them started living there
together like husband and wife and made physical relationship. On 20.02.2015
Police caughthold of them. She was sent for medical examination. Nothing
adverse was found. After conclusion of trial, learned trial Court convicted the
appellant for the above-mentioned offence.
It is submitted by counsel for the appellant that the appellant was on bail
during trial and he did not misuse the liberty granted to him. The appellant has
suffered custody period of more than ten months. Appeal is of the year 2023
which may take long time for it's conclusion. The appellant is ready to furnish
adequate surety and shall abide by all the directions and conditions which may
be imposed by this Court. Under these circumstances, the execution of
sentence be suspended and the appellant be released on bail.
On the contrary, learned counsel for the State opposed the application
and prayed for its rejection by submitting that DNA report is positive.
Keeping in view of the aforesaid submissions of learned counsel for the
parties and the fact that an early hearing of this case is not possible, I.A.
No.9991/2023 is allowed.
It is therefore, directed that if appellant deposits the entire fine amount, if
not already deposited, and furnishes a personal bond in the sum of Rs.25,000/-
(Rupees Twenty Five Thousand Only) with one solvent surety of the like
amount to the satisfaction of concerned Trial Court for his appearance before
the Principal Registrar of this Court on 4th December, 2023 and on such
further dates as may be fixed by the office in this regard, sentence of
Signature Not Verified
Signed by: YOGENDRA
OJHA
Signing time: 7/5/2023
6:45:36 PM
imprisonment awarded to him shall remain suspended till further orders and he
shall be released on bail.
Application (I.A. No.9991/2023) is allowed and disposed of.
A copy of this order be sent to the trial Court concerned for necessary
compliance.
C.c. as per rules.
(DEEPAK KUMAR AGARWAL)
JUDGE
ojha
Signature Not Verified
Signed by: YOGENDRA
OJHA
Signing time: 7/5/2023
6:45:36 PM
