Dilip @ Bodhi Sarpe vs The State Of Madhya Pradesh
2023 Latest Caselaw 8512 MP

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             IN THE HIGH COURT OF MADHYA PRADESH
                          AT JABALPUR
                             CRA No. 10974 of 2022
            (DILIP @ BODHI SARPE Vs THE STATE OF MADHYA PRADESH AND OTHERS)

Dated : 13-06-2023
      Mr. Sanjay Sharma - Advocate for the appellant.

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

Ms. Mamta Dubey - Advocate for the respondent No.2 along with the victim.

Parties are heard on I.A. No. 118/2023 an application under Sections

389(1) of the Cr.P.C. for suspension of remaining jail sentence and grant of bail to appellant-Dilip @ Bodhi Sarpe arising out of judgment dated 20.10.2022 delivered in S.C. No.4/2019 by Special Judge (POCSO Act), Balaghat, Distt. Balaghat.

T h e appellant has been convicted under Section 363 of IPC and sentenced to undergo R.I. for 5 years with fine of Rs.1000/-, Section 366-A of IPC and sentenced to undergo R.I. for 7 years with fine of Rs. 1,000/-, Section 376(2)(N) of IPC as well as Section 6 of POCSO Act and sentenced to undergo R.I. for life with fine of Rs. 20,000/- with default stipulations.

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 the victim, after attaining the majority, have solemnized marriage and out of said wedlock, a child was also born. The victim is residing in her matrimonial house. The final hearing of this appeal will take time. The continuous incarceration of appellant will cause more harm than good. Thus, remaining jail sentence of appellant may be suspended.

The prayer is opposed by learned Government Advocate.

The learned counsel for victim supported the application and submits that appellant and victim have indeed solemnized marriage and a child was born out of said wedlock. The victim is residing with the family of the appellant. She has no objection if remaining jail sentence of appellant is suspended.

Considering the aforesaid and without expressing any opinion on merits, we deem it proper to suspend the remaining jail sentence of the appellant. Accordingly, I.A No. 118/2023 is allowed.

Subject to depositing the fine amount, if not already deposited, the remaining jail sentence of the appellant- Dilip @ Bodhi Sarpe 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.20,000/- (Rupees twenty 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 Balaghat on 22.08.2023 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

      L.R.
Digitally signed by
LALIT SINGH RANA
Date: 2023.06.14
13:11:36 +05'30'