Kamlesh Raikwar vs The State Of Madhya Pradesh
2023 Latest Caselaw 9238 MP

                                                                    1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT GWALIOR
                                                        CRA No. 4748 of 2020
                                              (KAMLESH RAIKWAR Vs THE STATE OF MADHYA PRADESH)

                           Dated : 20-06-2023
                                 Mr. Sushil Goswami - Advocate for the appellant.

                                 Mr. Dinesh Savita - Public Prosecutor for respondent/State.

Heard on I.A. No. 5799 of 2023, third application under Section 389(1) Cr.P.C. for suspension of sentence and grant of bail moved by the sole appellant. His first and second applications were dismissed as

withdrawn.

T h e appellant has filed this appeal assailing the judgment of conviction and order of sentence dated 27/01/2020 passed in S.S.T. No. 300038/2016 by II Additional Sessions Judge/Special Judge (POCSO Act) Vidisha (M.P.), whereby, the appellant has been convicted and sentenced as under :-

Conviction U/s Sentence Fine (in Rs.) Default (in lieu of fine) 366 of IPC 07 years RI 1,000/- One month RI 376(2)(I) of IPC 10 years RI 2,000/- Two months RI 376(2)(n) of IPC 10 years RI 2,000/- Two Months RI

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. Further argument is that so far as age of the prosecutrix is concerned, PW/3 who has been examined to prove her age has stated in his cross examination in chief and admitted that he has not made entry of admission. It is further stated that neither admission form is available nor any document relating to the date of birth of prosecutrix is available. The Signature Not Verified Signed by: LOKENDRA JAIN Signing time: 6/21/2023 10:24:44 AM

prosecutrix has admitted that she left her house on her own volition. The appellant has already served approximately three years and eight months incarceration out of total awarded maximum sentence of ten 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.

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. 5799 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 two local solvent sureties in 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 20.09.2023 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 Signature Not Verified Signed by: LOKENDRA JAIN Signing time: 6/21/2023 10:24:44 AM

(LJ*)

Signature Not Verified Signed by: LOKENDRA JAIN Signing time: 6/21/2023 10:24:44 AM