Swapnil vs The State Of Madhya Pradesh
2023 Latest Caselaw 11575 MP

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                                         IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT JABALPUR
                                                      CRA No. 7106 of 2023
                                                (SWAPNIL Vs THE STATE OF MADHYA PRADESH)

                          Dated : 24-07-2023
                                 Shri A.K. Tiwari - Advocate for the appellant.

                                 Shri A.N. Gupta - Government Advocate for the respondent/State.

The prosecutrix appeared with a child before us. Heard on I.A No.13029/2023 an application under Section 389(1) of the Cr.P.C for suspension of sentence and grant of bail to appellant - Swapnil

arising out of judgment dated 26.05.2023 delivered in Sessions Case No.5631/2019 by the Special Judge, POCSO Act, 2012, District Khandwa.

The appellant has been convicted under Section 5L/6 of the POCSO Act and sentenced to undergo R.I. for 20 years with fine of Rs.2,000/-, with default stipulation.

Learned counsel for the appellant submits that Court below has committed an error in determining the age of the victim. As per para-114 of impugned judgment, the appellant and victim have already solemnized marriage. Out of said wedlock, a child was born. The victim is residing with the family of

appellant. The final hearing of this appeal is not possible in near future. The continuous incarceration of appellant may cause more harm then good. Thus, remaining jail sentence of this appellant may be suspended.

Learned Government Advocate for the State opposed the prayer on the basis of objection.

The victim submits that she has no objection, if appellant is enlarged on bail. Indeed, she wants her husband back, therefore, his remaining jail sentence be suspended.

Signature Not Verified Signed by: RAJESH KUMAR JYOTISHI Signing time: 7/24/2023 4:51:29 PM

Considering the aforesaid factual backdrop and without expressing any opinion on merits, we deem it proper to suspend the remaining jail sentence of appellant.

Accordingly, I.A. No.13029/2023 is allowed. Subject to depositing the fine amount (if not already deposited), the remaining jail sentence of appellant - Swapnil is hereby suspended and it is directed that 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, District Khandwa on 30th of

October, 2023 and also on such other dates as may be fixed by the said Court in this regard during the pendency of this Appeal.

C.c. today.

                               (SUJOY PAUL)                                    (ACHAL KUMAR PALIWAL)
                                  JUDGE                                                 JUDGE

                          rj




Signature Not Verified
Signed by: RAJESH KUMAR
JYOTISHI
Signing time: 7/24/2023
4:51:29 PM