Rajesh Singh Gond vs The State Of Madhya Pradesh
2023 Latest Caselaw 11401 MP

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                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                      CRA No. 11723 of 2022
                                     (RAJESH SINGH GOND Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                          Dated : 21-07-2023
                                Shri Sushil Tiwari - Advocate for the appellant.

                                Shri S.K. Kashyap - Government Advocate for the respondent/State.

Heard on I.A. No.23665/2022 an application under Sections 389(1) of the Cr.P.C. for suspension of remaining jail sentence and grant of bail to appellant arising out of judgment dated 1.12.2022 delivered in Special Case

No.8/2020 by Special Judge (POCSO) Act, Umariya.

T h e appellant has been convicted under Section 363 of IPC and sentenced to undergo R.I. for 7 years with fine of Rs.500/-, Section 366A of IPC and sentenced to undergo R.I. for 10 years with fine of Rs.500/-, Section 376 (2)(Dha) of IPC and sentenced to undergo R.I. for 10 years with fine of Rs.500/-, Section 506 Part-II of IPC and sentenced to undergo R.I. for 1 year and Section 5(Tha)/6 of POCSO Act and sentenced to undergo R.I. for 20 years with fine of Rs.500/-, with default stipulations.

Learned counsel for the appellant submits that appellant has been falsely

arraigned. Learned counsel after referring to evidence of prosecutrix, submits that prosecutrix is a consenting party. The age of victim is erroneously determined by the Court below. The final hearing of this appeal is not possible in near future. Thus, remaining jail sentence of appellant may be suspended and he be released on bail.

The prayer is opposed by learned Government Advocate. Looking to the over all evidence available on record, especially testimony of prosecutrix, without expressing any opinion on the merits of the case and the Signature Not Verified Signed by: MOHD IRFAN SIDDIQUI Signing time: 7/25/2023 1:14:18 PM

fact that final hearing of this appeal is not possible in near future, we deem it proper to suspend the remaining jail sentence of appellant.

Accordingly, I.A No.23665/2022 is allowed.

Subject to depositing the fine amount, if not already deposited, the remaining jail sentence of the appellant- Rajesh Singh Gond 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 concerning trial court Umariya on 09.10.2023 and also on such other dates, as may be fixed by the

trial court in this regard during the pendency of this appeal.

C. c. as per rules.

                              (SUJOY PAUL)                                   (ACHAL KUMAR PALIWAL)
                                 JUDGE                                               JUDGE

                          irfan




Signature Not Verified
Signed by: MOHD IRFAN
SIDDIQUI
Signing time: 7/25/2023
1:14:18 PM