Madhya Pradesh High Court
Sandeep vs The State Of Madhya Pradesh on 14 July, 2023
Author: Hirdesh
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IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
CRA No. 10005 of 2022
(SANDEEP Vs THE STATE OF MADHYA PRADESH AND OTHERS)
Dated : 14.07.2023
Shri Gaurav Singh Chouhan- Government Advocate for the
respondent/State.
______________________________________________________________
Considered I.A. No.4154/2023, which is the first application under
Section 389(1) of Cr.P.C. for suspension of jail sentence and grant of bail
filed on behalf of the appellant - Sandeep.
(2) The brief facts of the case are that the prosecutrix had come to her
maternal grandfather's house at Shahpura on 04.01.2018 and on 08.01.2018,
the prosecutrix's maternal-grandfather dropped her at Khargone bus-stand to
go home. The prosecutrix told him that she would go home with her sister
and then the complainant left the prosecutrix there and returned to home.
After that he came to know that she did not reach home then she was
searched and on the basis of suspicion, F.I.R. was registered against the
accused- Pawan. During investigation, it was found that the prosecutrix
stayed at the house of the appellant- Sandeep.
(3) Accordingly, the appellant has been convicted and sentenced by the
Special Judge (POCSO Act), Mandleshwar, West Nimad (M.P.) in SCATR
No.20/2018 vide judgment dated 15.07.2022 as under:-
Conviction Sentence
Section & Act Imprisonment Fine imposed Imprisonment in lieu of fine
Sec.368 of IPC 05 years R.I. Rs.1000/- 2 months R.I.
(4) It has been stated that the trial court has erred in convicting the
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appellant. The trial court has not properly appreciated the evidence and there
are so many contradictions and omissions in the statements of the prosecution
witnesses. The appellant has been falsely implicated in the crime. The
appellant has no criminal past antecedents. He belongs to a reputed family
and he is the only bread earner of his family. The final hearing of the appeal
will take a long time, hence, keeping in view the aforesaid circumstances, the
application for suspension of sentence be allowed.
(5) Learned counsel for the respondent/State opposed the prayer for grant
of bail.
(6) Considering the facts and circumstances of the case and the fact that
the appellant was in jail near about 1 ½ years and he was on bail during trial
and he did not misuse the liberty granted to him, hence, without commenting
upon the merits of the case, this Court is of the opinion that the appellant
deserves to be released on bail. Accordingly I.A. No.4154/2023 is allowed.
(7) It is directed that if the appellant - Sandeep deposits the entire fine
amount, if not already deposited, and furnishes a personal bond in the sum of
Rs.50,000/-(Rupees fifty thousand) with a solvent surety in the like amount
to the satisfaction of the trial Court for his appearance before the trial court
on 22nd December, 2023 and on such subsequent dates as may be fixed in
this regard, sentence of imprisonment awarded to him shall remain suspended
till further orders and he shall be released on bail.
C.C. as per rules.
(S. A. DHARMADHIKARI ) (HIRDESH)
JUDGE JUDGE
N.R.
Digitally signed by
NARENDRA KUMAR
RAIPURIA
Date: 2023.07.17 14:26:53
+05'30'
