Devendra Parihar vs The State Of Madhya Pradesh
2023 Latest Caselaw 8968 MP

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT GWALIOR
                                                       CRA No. 10579 of 2022
                                           (DEVENDRA PARIHAR Vs THE STATE OF MADHYA PRADESH)

                          Dated : 16-06-2023
                                Shri Samar Ghuraiya, learned counsel for the appellant.

                                Shri Nitin Goyal, learned Panel Lawyer for the respondent- State.

Heard on IA 20052 of 2022, which is the first application u/Sec. 389(1) of Cr.P.C. for suspension of sentence and grant of bail filed on behalf of appellant Devendra Parihar.

Vid e judgment dated 20-09-2022 passed by Special Judge (POCSO

Act,2012) and Second Additional Sessions Judge, Datia in Special Case No. 30 of 2021 the appellant has been convicted under Section 376(1) of IPC and sentenced to undergo rigorous imprisonment of ten years with fine of Rs. 10,000/- with default stipulation.

As per allegation of prosecution, prosecutrix who is the niece of present appellant made a complaint against him that he along with his wife sexually harassed her and the appellant made a physical relationship with her. On the basis of which, offence under Section 376(1) of IPC was registered. After completion of investigation and other formalities, charge sheet was filed. After

conclusion of trial, the learned trial Court convicted and sentenced the appellant for the aforesaid offence.

It is submitted by learned counsel for the appellant that the trial Court has committed an error in convicting and sentencing the present appellant. There are major contradictions and omissions in the evidence of prosecution witnesses. It is further submitted that all the material witnesses have been turned hostile and only on the basis of DNA report, the appellant has been convicted by the Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 6/19/2023 11:28:21 AM

learned trial Court which is contrary to law. It is further submitted that during trial, the appellant remained in custody for a period of 415 days and from the date of passing of impugned judgment, he is in custody. Final disposal of appeal will take some time. Hence, prayed for suspension of jail sentence and grant of bail.

Learned counsel for the State opposed the suspension application and prayed for its rejection.

Considering the facts and circumstances of the case, but without commenting upon merits of the case, IA is allowed and it is directed that jail sentence of appellant will remain under suspension subject to verification that

amount of fine has been deposited, on appellant's furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand Only) with one solvent surety of the like amount to the satisfaction of concerned Trial Court for his appearance before the Principal Registrar of this Court on 18th December, 2023 and on such further dates as may be fixed by the office in this regard till disposal of the appeal.

Certified copy as per rules.

(DEEPAK KUMAR AGARWAL) JUDGE

MKB

Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 6/19/2023 11:28:21 AM