Laxman Adiwasi vs The State Of Madhya Pradesh
2023 Latest Caselaw 9243 MP

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT GWALIOR
                                                      CRA No. 3919 of 2023
                                            (LAXMAN ADIWASI Vs THE STATE OF MADHYA PRADESH)

                          Dated : 20-06-2023
                                Shri Ashfaq Khan, learned counsel for the appellant.

                                Shri Rohit Shrivastava, Public Prosecutor for the respondent/State.

The appeal being arguable is admitted for final hearing. Heard on I.A. No. 5078 of 2023, which is first application under Section 389(1) Cr.P.C. for suspension of sentence and grant of bail filed by the appellant.

This Criminal Appeal assails the judgment dated 28.01.2023 passed by 1st Additional Sessions Judge, Shivpuri in S.C. No.17/2022, whereby appellant has been convicted under Sections 376(1) of IPC and has been sentenced to undergo rigorous imprisonment of 10 years with fine of Rs.500/- and section 3,4 of POCSO Act and has been sentenced to undergo rigorous imprisonment of 10 years with fine of Rs.500/-, with default stipulations.

Learned counsel for the appellant submits that the trial Court has wrongly been convicted the appellant without proper appreciation of facts of the case as well as evidence available on record. It is further argued that her parents have

been examined and they not supported the prosecution case and turned hostile. Prosecutrix and her parents specifically mentioned that prosecutrix was major at the time of incident. Mulayam Vanshkar (PW-9) is Principal of the School who proved the date of birth of prosecutrix on the basis of school record; however, this witness in his cross-examination has specifically mentioned that there is no record in respect to prove the date of birth of prosecutrix. It is further argued that the appellant has suffered almost 1 years and 8 months of incarceration out Signature Not Verified Signed by: MOHD AHMAD Signing time: 6/20/2023 5:42:16 PM

o f total jail sentence of 10 years. The appeal is likely to take long time to conclude. Hence, he 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. 5078 of 2023, is hereby allowed subject to depositing of fine amount, if not already deposited, and on

furnishing personal bond in the sum 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 o n 29/09/2023 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

Ahmad

Signature Not Verified Signed by: MOHD AHMAD Signing time: 6/20/2023 5:42:16 PM

Signature Not Verified Signed by: MOHD AHMAD Signing time: 6/20/2023 5:42:16 PM