Amir vs The State Of Madhya Pradesh
2023 Latest Caselaw 8978 MP

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT GWALIOR
                                                       CRA No. 3479 of 2023
                                                  (AMIR Vs THE STATE OF MADHYA PRADESH)

                          Dated : 16-06-2023
                                 Mr. Sunil Kumar Dubey, Advocate for the appellant.

                                 Mr. Rajeev Upadhyay, Public Prosecutor for the respondent - State.

Admit.

Heard on I.A. No. 4649 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 25.2.2023 passed by Special Judge (POCSO Act), Shivpuri, District Shivpuri in S.C. No.159/2021, whereby appellant has been convicted under Section 342 of IPC to undergo rigorous imprisonment of 1 year, under Section 354 of IPC to undergo rigorous imprisonment of 1 year with fine of Rs.500/- and under Section 10 of POCSO Act to undergo rigorous imprisonment of 6 years with fine of Rs.1,000/- 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 in the statements of the prosecution witnesses. Statement of the prosecutrix reveals that she did not give information about the incident to her mother on the same day and on the next day, she informed her mother and other persons, however, report has not been lodged on the next date either and it was lodged on 23.8.2021 after a delay of five days for which no plausible explanation has been given. The case is also not supported by the medical Signature Not Verified Signed by: ALOK KUMAR Signing time: 16-Jun-23 5:45:00 PM

evidence. No internal or external injury was found on the body of the prosecutrix. As per prosecution story, prosecutrix is of tender age of 10 years. Further argument is that the appellant has suffered around one years and ten months of incarceration out of total jail sentence of six years. Present criminal appeal is likely to take long time to conclude. Hence, prayed to suspend the jail sentence 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. 4649 of 2023 is hereby allowed. Subject to depositing of fine amount, if not already deposited, and on furnishing personal bond of Rs.1,00,000/- (Rupees One Lakh 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 o n 13.9.2023 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

Signature Not Verified Signed by: ALOK KUMAR Signing time: 16-Jun-23 5:45:00 PM

AKS

Signature Not Verified Signed by: ALOK KUMAR Signing time: 16-Jun-23 5:45:00 PM