Madhya Pradesh High Court
Lakhan vs The State Of Madhya Pradesh on 21 June, 2023
Author: Anil Verma
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
CRA No. 2404 of 2023
(LAKHAN Vs THE STATE OF MADHYA PRADESH)
Dated : 21-06-2023
Shri Surendra Tuteja - Advocate for appellant.
Shri Ajay Raj Gupta - Panel Lawyer for the respondent/State.
Heard on the question of admission.
The appeal is admitted for final hearing.
Also heard on I.A.No.2221/2023, which is first application under Section
389(1) of Cr.P.C. for grant of bail and suspension of remaining jail sentence on
behalf of the sole appellant Lakhan.
Appellant stands convicted vide judgment dated 02/02/2023 passed in
S.T.No.04/2022 by Special Judge (POCSO Act)/II Additional Sessions Judge,
Sonkatch, District Dewas (M.P.) under Sections 7/8 of Protection of Children
from Sexual Offences Act, 2012 and Section 363 of Indian Penal Code, 1860
and has been sentenced to undergo 04 years RI with fine of Rs.2,000/- and 04
years RI with fine of Rs.500/- respectively with usual default stipulation.
Learned counsel for the appellant submits that appellant is an innocent
person and he has been falsely implicated in this matter. During the trial
appellant was on bail and he has not misused the liberty granted to him. Due to
political rivalry he has been falsely implicated in this offence. Appellant is
languishing in jail since 02/02/2023 and has suffered jail incarceration of about
07 months. There are material contradictions and omissions in the statement of
the witnesses. He is permanent resident of Dewas district. Looking to old
pendency of the cases for consideration, final conclusion of this appeal would
take sufficient long time. There is a strong case in favour of the appellant.
Signature Not Verified
Signed by: TEJPRAKASH
VYAS
Signing time: 6/22/2023
11:04:57 AM
Hence, the execution of the remaining part of the jail sentence of the appellant
be suspended, till the final disposal of this appeal.
Per contra, learned counsel for the respondent / State opposes the
application for suspension of sentence and prays for its rejection by submitting
that allegation levelled against the present appellant is that he told the minor
prosecutrix, who is seven years of age, to bring tobacco and when she returned
with tobacco, the appellant kissed her. Learned trial Court has convicted the
appellant after due appreciation of evidence, therefore, he is not entitled for the
benefit of suspension of sentence.
Considering all the facts and circumstances of the case, nature of the
allegation levelled against the appellant and also taking note of the fact that
appellant was on bail during the trial; there is no complaint that he has misused
the liberty granted to him; he has suffered jail incarceration for about seven
months; he has no criminal past and final conclusion of the appeal will also take
sufficient long time. In view of the aforesaid facts and circumstances of the
case, I deem it proper to suspend the remaining custodial sentence of the
appellant.
Accordingly, I.A.No.2221/2023 is allowed and it is directed subject to
deposit of fine amount, if not already deposited, and subject to furnishing
personal bond by the appellant in the sum of Rs.75,000/- (Rupees Seventy
Five Thousand Only) with one solvent surety in the like amount to the
satisfaction of learned trial Court, the execution of remaining custodial part of
the sentence of the appellant shall remain suspended, till final disposal of this
appeal.
The appellant after being enlarged on bail shall mark his presence before
Signature Not Verified
Signed by: TEJPRAKASH
VYAS
Signing time: 6/22/2023
11:04:57 AM
the Registry of this Court on 04/12/2023 and on all such subsequent dates,
which are fixed in this behalf.
Registry is directed to list the appeal for final hearing in due course.
Certified copy as per rules.
(ANIL VERMA)
JUDGE
Tej
Signature Not Verified
Signed by: TEJPRAKASH
VYAS
Signing time: 6/22/2023
11:04:57 AM
