Madhya Pradesh High Court
Santosh vs The State Of Madhya Pradesh on 1 June, 2023
Author: Avanindra Kumar Singh
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRR No. 1380 of 2023
(SANTOSH Vs THE STATE OF MADHYA PRADESH)
Dated : 01-06-2023
Shri Priyank Choubey- Advocate for the applicant.
Shri Madhur Kushwaha- Panel Lawyer for the respondent/State.
Heard on IA No. 8326/23, an application for condonation of delay of 11
days is taken up for consideration.
Looking to the facts mentioned in the application for condonation of
delay and for the reasons stated in the application and after hearing the opposite
learned counsel, delay of 11 days is condoned and with the consent of parties,
the matter is taken up for suspension of sentence and grant of bail after allowing
IA No. 11412/23.
Heard on I.A. No. 7186/2023 for suspension of sentence and grant of
bail to applicant - Santosh.
As per the applicant, his appeal has been dismissed vide impugned
judgment dated 28-12-2022 by the Ist ASJ, Begumgunj District-Raisen in Cr.A
No. 36/2022 arising out of judgment and finding of the learned trial court
convicting the appellant/accused under Section 354 of I.P.C. and sentenced to
undergo R.I. for 1 year with fine of Rs.1000/- with default stipulations.
As per the prosecution story on 25-06-2017 at about 3:00 PM, after the
prosecutrix aged 36 years was coming from her work, the applicant caught hold
of her hand with intent to outrage her modesty. FIR was registered and charge-
sheet was filed. Trial conducted and the applicant was convicted as above.
As per the learned counsel for the revisionist, the finding of conviction is
recorded by the learned trial Court are not based on proper appreciation of
Signature Not Verified
Signed by: PARMESHWAR
GOPE
Signing time: 01-06-2023
19:47:02
facts and law by the learned trial court. The final disposal of this revision will
take considerable time and therefore, his remaining jail sentence may be
suspended.
Prayer is opposed by learned Panel Lawyer for the respondent/State.
Perused the judgment of the learned trial Court, Begumganj dated 14-09-
2022 and the judgment of the learned 1st ASJ, Begumganj District Raisen in
Cr.A No. 36/2022 dated 28-12-2022. Also perused the evidence of prosecution
witnesses right from PW-1 ( Dr. Dilip ) in which he has not found any injury on
the body of the prosecutrix. The evidence of Kanti Bai Ahirwar (PW-2),
evidence of hostile witness Vijay Rai ( PW-3), evidence of Dhruv Singh (PW-4)
and evidence of Investigating Officer- Manoj Dhurve (PW-5).
Without commenting anything on merits of the case and considering the
short sentence and nature of the accusation and evidence and looking to the fact
that fine amount has already been deposited, I deem it appropriate to suspend
the remaining jail sentence of the applicant as the final disposal of this revision
will take considerable time.
Accordingly, the aforesaid I.A. 7186/2023 is allowed.
It is directed that if applicant - Santosh furnishes a personal bond for
the sum of Rs. 25,000/- (Rupees Twenty Five Thousand only) with one
solvent surety of the like amount to the satisfaction of concerned trial court, he
be released on bail and his jail sentence be suspended.
The applicant shall appear before the Trial Court Begumganj Distt.
Raisen on 16.08.2023 and further dates may be fixed by the Court in this
regard during the pendency of this revision.
C.C. as per rules.
Signature Not Verified
Signed by: PARMESHWAR
GOPE
Signing time: 01-06-2023
19:47:02
(AVANINDRA KUMAR SINGH)
V. JUDGE
PG
Signature Not Verified
Signed by: PARMESHWAR
GOPE
Signing time: 01-06-2023
19:47:02
