Kamlesh Raikwar vs The State Of Madhya Pradesh
2023 Latest Caselaw 10285 MP

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                                     IN THE HIGH COURT OF MADHYA PRADESH
                                                  AT JABALPUR
                                                      CRA No. 2697 of 2023
                                     (KAMLESH RAIKWAR Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                         Dated : 06-07-2023
                               Shri Ravindranath Chaturvedi - Advocate for the appellant.

                               Shri Akhilendra Singh - Government Advocate for the respondent-State.

Heard on I.A No.4116 of 2023 , an application under Section 389(1) of the Cr.P.C for suspension of sentence and grant of bail to appellant-Kamlesh Ra ik wa r aris ing out of judgment dated 17.01.2023 delivered in S.T.

No.308/2021 by XVIII Additional Sessions Judge/Special Judge, Protection of Children from Sexual Offences Act, 2012 Bhopal, District Bhopal (M.P.).

The appellant has been convicted under Section 376(2)(n) of the I.P.C. r/w Section 5(L)/6 of POCSO Act and sentenced to undergo R.I. for twenty years with fine of Rs.1,000/- and under Section 376(2)(m) of the I.P.C. r/w Section 5(J)(ii)/6 of POCSO Act to undergo R.I. for twenty years with fine of Rs.1,000/-with default stipulations.

Learned counsel for the appellant submits that as per prosecution story, the appellant sexually assaulted the victim on more than one occasion. Para-26

of the impugned judgment shows that appellant solemnised marriage with the victim and out of the said wedlock, a child was born. The birth certificate was placed on record as Ex.D-3 before the Court below.

Learned counsel for the appellant submits that Court below has committed an error in determining the age of victim as 16 years and 6 months at the time of incident whereas she was a major at the time of incident. The victim is residing with the family of the appellant. The final hearing of this appeal is not possible in near future. The continuous incarceration of appellant will cause Signature Not Verified Signed by: HIMANSHU KOSHTA Signing time: 7/7/2023 2:16:42 PM

more harm than good. Thus, The remaining jail sentence of the appellant may be suspended.

The prayer is opposed by learned Government counsel for the State. Nobody appeared for the victim despite service. Considering the aforesaid factual backdrop and without expressing any conclusive opinion on merits of the case, we deem it proper to suspend the remaining jail sentence of the appellant. Accordingly, I.A No.4116 of 2023 is allowed.

Subject to depositing the fine amount (if not already deposited), the remaining jail sentence of appellant-Kamlesh Raikwar 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 3rd October, 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)                                       (ACHAL KUMAR PALIWAL)
                              JUDGE                                                    JUDGE
                         HK




Signature Not Verified
Signed by: HIMANSHU
KOSHTA
Signing time: 7/7/2023
2:16:42 PM