Yashpal Pal vs The State Of Madhya Pradesh
2023 Latest Caselaw 9242 MP

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT GWALIOR
                                                      CRA No. 2979 of 2023
                                              (YASHPAL PAL Vs THE STATE OF MADHYA PRADESH)

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

                                Mr. Purshottam Tanwar, Panel Lawyer for the respondent - State.

The appeal being arguable is admitted for final hearing. Heard on I.A. No. 3935 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 17.2.2023 passed by Special Judge (POCSO Act), Datia, District Datia in Special Case No.06/2022, whereby appellant has been convicted and sentenced under Section 354 of IPC to undergo rigorous imprisonment of five years with fine of Rs.5,000/- and under Section 7/8 of POCSO Act to undergo rigorous imprisonment of five years with fine of Rs.5,000/- 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. Learned trial Court has ignored to consider the

fact that allegedly the incident occurred on 02.1.2022, however, the FIR has been lodged after a delay of almost 8 days on 10.1.2022. Learned trial Court has also not considered the fact that the prosecutrix has not supported the case of the prosecution in her statement recorded under Section 164 Cr.P.C., which is marked as Ex.P-4. Further argument is that eye-witness Bahadur (PW-6) has also not supported the case of the prosecution and turned hostile. It is further argued that the appellant has suffered around four months of incarceration out Signature Not Verified Signed by: ALOK KUMAR Signing time: 21-Jun-23 10:04:29 AM

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 appellant Yashpal.

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. 3935 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 29.9.2023 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

AKS

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