Pradeep Pal vs The State Of Madhya Pradesh
2023 Latest Caselaw 8901 MP

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT GWALIOR
                                                       CRA No. 248 of 2023
                                              (PRADEEP PAL Vs THE STATE OF MADHYA PRADESH)

                          Dated : 15-06-2023
                                Mr. Samar Ghuraiya, Advocate for the appellant.

                                Mr. Rajendra Singh Yadav, Public Prosecutor for the respondent - State.

The appeal being arguable is admitted for final hearing. Heard on I.A. No. 3692 of 2023, which is first application under Section 389(1) Cr.P.C. for suspension of sentence and grant of bail moved by the appellant.

This Criminal Appeal assails the judgment dated 13.12.2022 passed by Special Judge, POCSO Act, District Datia in Special Trial No.12/2019, whereby appellant has been convicted under Sections 363, 366, 419 and 376 of IPC and has been sentenced to undergo rigorous imprisonment of 3 years with fine of Rs.3,000/-, rigorous imprisonment of 7 years with fine of Rs.5,000/-, rigorous imprisonment of 1 year with fine of Rs.1,000/- and rigorous imprisonment of 10 years with fine of Rs.10,000/- respectively with default stipulations.

Learned counsel for the appellants submits that the trial Court has wrongly convicted the appellant without proper appreciation of facts of the case

as well as evidence available on record. There are material contradictions and omissions on every material point of the case in the court-statement of the prosecutrix as well as her statement recorded under Sections 161 and 164 Cr.P.C. DNA report is also not conclusive in respect to the commission of rape. It is further argued that the appellant has suffered around three years of incarceration out of total jail sentence of ten years. Present criminal appeal is likely to take long time to conclude. Hence, prayed to suspend the jail sentence Signature Not Verified Signed by: ALOK KUMAR Signing time: 16-Jun-23 12:06:15 PM

and grant of bail to appellant Pradeep.

Counsel for the State vehemently opposed the application and prayed for its rejection.

Heard learned counsel for the parties and perused the materials available on record.

Considering the arguments advanced by learned counsel for the parties, without commenting on merits of the case, I.A. No. 3692 of 2023 is hereby allowed. Subject to depositing of fine amount, if not already deposited, and on furnishing personal bond of Rs.50,000/- (Rupees Fifty Thousand only) with a solvent surety of the like amount to the satisfaction of the concerned trial

Court, the remaining jail sentence of the appellant shall remain suspended and he be released on bail. The appellant is further directed to mark his appearance before the Office of this Court on 04/09/2023 and on subsequent dates given by the Office in this regard, till final disposal of this appeal.

List the case for final hearing in due course. A copy of this order be sent to the concerned Court below for compliance.

Certified copy/ e-copy as per rules/directions.

(SUNITA YADAV) JUDGE

AKS

Signature Not Verified Signed by: ALOK KUMAR Signing time: 16-Jun-23 12:06:15 PM