Ajay Dixit vs The State Of Madhya Pradesh
2023 Latest Caselaw 8979 MP

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                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT GWALIOR
                                                        CRA No. 1868 of 2023
                                                 (AJAY DIXIT Vs THE STATE OF MADHYA PRADESH)

                           Dated : 16-06-2023
                                 Shri Sushil Kumar Goswami- learned counsel for the appellant.

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

Shri Vivek Khedkar and Shri Nakul Khedkar, learned counsel for the complainant.

IA No. 10534 of 2023 application under Section 301(2) of CrPC filed on behalf of complainant seeking permission of this Court to assist the prosecution

in the matter is hereby allowed for the reasons mentioned therein.

Heard on IA No. 3946 of 2023 which is the first application under Section 389(1) of CrPC filed on behalf of appellant Ajay Dixit for suspension of jail sentence and grant of bail.

Vide judgment dated 20-12-2022 passed by Special Judge (POCSO Act) and 13th Additional Sessions Judge, District Gwalior in Sessions Trial No. 263 of 2019, the appellant has been convicted under Section 305 of IPC and sentenced to undergo ten years RI with fine of Rs.10,000/- and further convicted under Section 376(2)(f)(n) of IPC and sentenced to undergo ten-ten

years RI with fine of Rs.5,000- 5,000/- with default stipulation.

According to prosecution case, on 01-04-2019 at around 10:00 am, prosecutrix (since deceased) aged around 17 years one month was alone in room. The elder brother (PW2) of deceased had gone to drop his younger brother to school at 10:00 am and when he returned from school at around 10:30 am, he found that room of deceased was locked and when he knocked the door, deceased did not open door. Thereafter, he saw through the skylight Signature Not Verified Signed by: PAWAN KUMAR Signing time: 16-06-2023 03:15:03 PM

above the gate from the stairs and found that deceased was hanging with ceiling fan by a dupatta. He called his relatives by which the deceased was brought to hospital where doctor declared her dead. Her mobile camera was checked. During search from her books, one suicide note was also seized by police in which she had written a letter that she was having physical relationship with present appellant accused. The appellant- accused used to threat her for defaming her and took currency and gold ornaments from Almirah. Due to defamation, she has committed suicide. Her dead body panchnama was prepared and her postmortem was conducted and as per pm report, deceased died due to asphyxia. On getting information by police from the brother of

deceased at around 11:00 am Crime No.171 of 2019 was registered at Police Station Thatipur against the appellant. 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 offence as mentioned above.

It is submitted by learned counsel for the appellant that the learned trial Court has committed an error in convicting and sentencing the present appellant. The appellant during trial remained in custody for 44 days and from the date of passing of impugned judgment, he is in custody i.e. near about one year and nine months the appellant has already served the jail sentence. During trial, the appellant was on bail and he did not misuse the liberty so granted to him. Fine amount has already been deposited by him. Final disposal of appeal will take some time. Hence, prayed for suspension of jail sentence and grant of bail.

On the contrary, counsel for the State as well as complainant opposed the suspension application and prayed for its rejection. Signature Not Verified Signed by: PAWAN KUMAR Signing time: 16-06-2023 03:15:03 PM

Keeping in view of the aforesaid submissions of learned counsel for the parties and the fact that during trial, the appellant was on bail and he did not misuse the liberty so granted to him, fine amount has already been deposited by him and final disposal of appeal will take some time, I A i s allowed. I t is therefore, directed that if appellant deposits the entire fine amount, if not already deposited and furnishes a personal bond in the sum o f Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety of the like amount to the satisfaction of concerned Trial Court for appearance before the Principal Registrar of this Court on 20th November, 2023 and on such further dates as may be fixed by the office in this regard, the remaining jail sentence of appellant shall remain suspended till final disposal of this appeal and he shall be released on bail.

I.A. is allowed and disposed of.

C.c. as per rules.

(DEEPAK KUMAR AGARWAL) JUDGE

MKB

Signature Not Verified Signed by: PAWAN KUMAR Signing time: 16-06-2023 03:15:03 PM