Parmal Dohre vs The State Of Madhya Pradesh
2023 Latest Caselaw 9233 MP

                                                       1
                                  IN THE HIGH COURT OF MADHYA PRADESH
                                               AT GWALIOR
                                               CRA No. 3693 of 2023
                                      (PARMAL DOHRE Vs THE STATE OF MADHYA PRADESH)

               Dated : 20-06-2023
                           Shri Jitendra Sharma, learned counsel for the appellant.

                           Shri    Sushant   Tiwari,       learned   Public   Prosecutor   for   the
               respondent/State.

Heard on IA.No.4829/2023, first application u/Sec. 389(1) of Cr.P.C. for suspension of sentence and grant of bail filed on behalf of appellant- Parmal

Dohre.

Vide judgment dated 31.1.2023 passed in Spl.Case (POCSO) No.1/2021 by Additional Sessions Judge, Lahar Distt. Bhind, appellant has been convicted under Sections 366, 376(1), 342 of IPC and Sections 3/4 of the POCSO Act with maximum sentence of ten years RI.

In brief prosecution case is that on 16.10.2020 father of the prosecutrix lodged a report to the effect that on 15.10.2020 they after taking dinner slept. When in the night at 1 am mother of the prosecutrix awoke, she found that prosecutrix aged about 16 years was not at home. They searched her at nearby

places, but could not trace her. He suspected that somebody by persuading took away her. On his report, crime was registered. Prosecutrix was recovered on 18.10.2020. Her statement was recorded in which she stated that she is aged about 16 years and one month and has studied upto 8th standard. On 16.10.2020 in the night at 2 am she had gone to answer the call of nature, at that juncture, appellant and co-accused Narendra came and after closing her mouth Signature Not Verified with the help of Safi took away her to the house of appellant and thereafter Signed by: MADHU SOODAN PRASAD Signing time: 21-06-2023 10:41:00 AM committed rape with her one by one. On 17.10.2020 appellant in the night at 1

am freed her. Thereafter she came back to her house. She was sent for medical examination. No internal or external injury has been found on her person.

I t is submitted by learned counsel for the appellant that during trial, appellant remained in custody for 798 days and thereafter from the date of judgment i.e. 31.1.2023 he is in custody. Final hearing of the appeal will take time and he has a good case on merits. Therefore, prayer for suspension of sentence has been made.

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

Considering the facts and circumstances of the case, but without

commenting upon merits of the case, IA.No.4829/2023 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 21st 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

ms/-

Signature Not Verified Signed by: MADHU SOODAN PRASAD Signing time: 21-06-2023 10:41:00 AM