Pappu Yadav vs The State Of Madhya Pradesh
2023 Latest Caselaw 9241 MP

                                                               1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT GWALIOR
                                                       CRA No. 2209 of 2023
                                              (PAPPU YADAV Vs THE STATE OF MADHYA PRADESH)

                          Dated : 20-06-2023
                                Mr. Romesh Pratap Singh, Advocate for the appellant.

                                Mr. Rohit Shrivastava, Panel Lawyer for the respondent - State.

The appeal being arguable is admitted for final hearing. Heard on I.A. No. 2875 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 27.1.2023 passed by Special Judge (POCSO Act), Shivpuri, District Shivpuri in S.C. No.60/2020, whereby appellant has been convicted and sentenced under Section 354 of IPC to undergo rigorous imprisonment of one year with fine of Rs.1000/- and under Section 10 of POCSO Act to undergo rigorous imprisonment of 5 years with fine of Rs. 4000/-, with default stipulations.

Learned counsel for the appellant 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. The prosecutrix, who is PW-1, has supported

the case in her examination-in-chief, however, in her cross-examination, he denied the prosecution version. Further argument is that all other eye-witnesses have turned hostile and have not supported the case of the prosecution. Dr. Alka Trivedi (PW-2) has also not supported the case of the prosecution and denied that any injury was found on the body of the prosecutrix as alleged by her. As per PW-3 Smt. Basanti Masram, who is the school teacher, the date of birth of the prosecutrix was recorded on the basis of photocopy of Aadhar Signature Not Verified Signed by: ALOK KUMAR Signing time: 21-Jun-23 10:04:29 AM

Card and no admission form was filled by the parents of the prosecutrix. It is further argued that the appellant has suffered around five and half months of incarceration out of total jail sentence of five years. Present criminal appeal is likely to take long time to conclude. Hence, prayed to suspend the jail sentence and grant of bail to the 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. 2875 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 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 on 19.10.2023 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

AKS

Signature Not Verified Signed by: ALOK KUMAR Signing time: 21-Jun-23 10:04:29 AM