Madhya Pradesh High Court
Angad Viswakarma vs The State Of Madhya Pradesh on 25 July, 2023
Author: Sujoy Paul
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 7084 of 2023
(ANGAD VISWAKARMA Vs THE STATE OF MADHYA PRADESH AND OTHERS)
Dated : 25-07-2023
Shri Prakash Upadhyay - Advocate for the appellant.
Shri S.K. Kashyap - Government Advocate for the respondent/State.
Shri R.K. Sahu - Advocate for the objector/complainant.
Heard on I.A No.15269/2023 an application under Section 389(1) of the
Cr.P.C for suspension of sentence and grant of bail to appellant - Angad arising
out of judgment dated 18.5.2023 delivered in Special Case No.74/2022 by the
Special Judge, POCSO Act, Rewa.
The appellant has been convicted under Section 363 of IPC to undergo
RI for 5 years with fine of Rs.200/-, under Section 366 of IPC to undergo RI
for 7 years with fine of Rs.200/-, under Section 376(1) of IPC to undergo RI
fo r 11 years with fine of Rs.200/- and under Section 3/4 of (Protection of
Children from Sexual Offences) Act 2012 to undergo RI for 11 years with fine
of Rs.200/-, with default stipulation.
Learned counsel for the appellant submits that appellant has been falsely
arraigned. The Court below has committed an error in determining the age of
the victim. The appellant and victim have already solemnized marriage and 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.
Signature Not Verified
Signed by: MOHD IRFAN
SIDDIQUI
Signing time: 7/27/2023
11:21:11 AM
Shri Sahu supported the I.A. and submits that appellant and victim have
indeed solemnized marriage on their own volition and out of said wedlock, a
child was born. The victim is residing with the family of appellant.
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.15269/2023 is allowed.
Subject to depositing the fine amount (if not already deposited), the
remaining jail sentence of appellant - Angad 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, Rewa on 09.10.2023 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
irfan
Signature Not Verified
Signed by: MOHD IRFAN
SIDDIQUI
Signing time: 7/27/2023
11:21:11 AM
