Madhya Pradesh High Court
Vinod Dhanak vs The State Of Madhya Pradesh on 21 July, 2023
Author: Rohit Arya
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 9690 of 2022
(VINOD DHANAK Vs THE STATE OF MADHYA PRADESH)
Dated : 21-07-2023
Shri D.S.Tomar- Advocate for the appellant.
Ms. Anjali Gyanani- Public Prosecutor for respondent/State.
Heard on I.A. No.5742 of 2023, which is the first application under
Section 389(1) of Cr.P.C seeking suspension of sentence and grant of bail
moved on behalf of sole appellant-Vinod Dhanak.
Appellant so far has undergone jail incarceration of about 17 months as
transpired during the course of hearing.
Appellant stands convicted under Sections 366, 376(3) and 376(2)(n) of
IPC and sentenced to undergo RI for three years with a fine of Rs.200/-, RI for
20 years with a fine of Rs.500/- and RI for 10 years with a fine of Rs.500/-
respectively with default stipulations vide judgment of conviction and order of
sentence dated 07.09.2022 by III Additional Sessions Judge/Special Judge
(POCSO Act), District Vidisha in Special Case No.24/2019.
As per prosecution story, a missing report was lodged by the mother of
the prosecutrix alleging that her daughter/prosecutrix has been abducted by
Vinod Dhanak. Upon completion of investigation, challan was filed. The case
was committed to the Sessions Court for trial. The Sessions Court upon critical
evaluation of the evidence placed on record, convicted and sentenced the
present appellant, as aforesaid.
Learned counsel for appellant, at the outset, submitted that the appellant
and the prosecutrix are well known to each other. Prosecutrix has not
supported the story of the prosecution. She stayed with appellant voluntarily at
Signature Not Verified
Signed by: AVINASH
BHARGAV
Signing time: 22-Jul-23
1:06:59 PM
different places. Prosecutrix has two children; a son aged about five years and a
daughter aged about two years, who are present in the Court. Proseutrix stayed
with her mother-in-law, namely, Radha Bai, who is also present in the Court.
She stated that appellant is her son. Under such circumstances, learned counsel
for the appellant prays for suspension of sentence and grant of bail on behalf of
appellant.
Per contra, learned counsel for the respondent-State opposes the
application, but does not comment upon the aforesaid facts and circumstances
of the case.
Upon hearing learned counsel for the parties, though this Court refrains
from commenting upon rival contentions so advanced touching merits of the
case, however, regard being had to the fact that the appellant is married to the
prosecutrix and having two children out of their wedlock, present appeal is of
the year 2022 and there is no likelihood of early hearing of the appeal. In the
obtaining facts and circumstances, appellant is held entitled for suspension of
jail sentence.
Accordingly, we allow the application and it is directed that the jail
sentence of present appellant - Vinod Dhanak shall remain suspended and he
be released on bail on his furnishing a personal bond in the sum of Rs.50,000/-
(Rupees Fifty Thousand Only) with one solvent surety in the like amount to
the satisfaction of the trial Court subject to verification of factum regarding
deposit of fine amount. Appellant is directed to appear before the Registry of
this Court on 25.09.2023 and thereafter, on other subsequent dates as may be
fixed by the Registry of this Court in this behalf.
Accordingly, I.A. No.5742 of 2023 stands allowed and disposed of.
Observations on facts, if any, are only for the purpose of deciding the
Signature Not Verified
Signed by: AVINASH
BHARGAV
Signing time: 22-Jul-23
1:06:59 PM
instant I.A. and shall have no bearing on the merits of the appeal.
Certified copy as per rules.
(ROHIT ARYA) (SANJEEV S KALGAONKAR)
JUDGE JUDGE
Avi
Signature Not Verified
Signed by: AVINASH
BHARGAV
Signing time: 22-Jul-23
1:06:59 PM
