Nitin Jatav vs The State Of Madhya Pradesh
2023 Latest Caselaw 9812 MP

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                                  IN THE HIGH COURT OF MADHYA PRADESH
                                               AT GWALIOR
                                                CRA No. 1925 of 2021
                                        (NITIN JATAV Vs THE STATE OF MADHYA PRADESH)

               Dated : 28-06-2023
                           Shri Pawan Kumar, learned counsel for the appellant.

                           Shri    Sushant    Tiwari,       learned   Public    Prosecutor   for   the
               respondent/State.

Heard on IA.No.749/2023, 2nd application u/Sec. 389(1) of Cr.P.C. for suspension of sentence and grant of bail filed on behalf of appellant- Nitin Jatav.

First application has been dismissed vide order dated 8.2.2022.

Vide judgment dated 26.2.2021 passed in S.T.No.455/2018 by Special Judge, Gwalior, appellant has been convicted under Section 366 of IPC and Section 5(l)/6 of the POCSO Act and sentenced to undergo 3 years RI with fine of Rs.1,000/- and 10 years RI with fine of Rs.2,000/- respectively.

Prosecution case in brief is that on 22.8.2018 father of the prosecutrix lodged a missing person report regarding missing of the prosecutrix. Thereafter on 28.8.2018 prosecutrix aged about 16 years was recovered. Her statement under Section 164 of Cr.P.C. was recorded in which she has stated that she has

solemnized marriage with the appellant. Thereafter they went to Agra and stayed there in a rented accommodation for nine days and lived like husband and wife. Mother of the appellant telephoned them and asked them to come to police Station. After investigation, charge-sheet has been filed and after trial appellant has been convicted as aforesaid.

I t is submitted by learned counsel for the appellant that during trial, Signature Not Verified appellant was on bail, but he did not misuse the liberty so granted. During trial, Signed by: MADHU SOODAN PRASAD Signing time: 28-06-2023 05:08:37 PM appellant remained in custody for 338 days and thereafter from the date of

judgment i.e. 26.2.2021 he is in custody. Final hearing of the appeal will take time and he has a good case on merits. Therefore, prayer for suspension of sentence has been made.

Learned counsel for the State opposed the application and prayed for its rejection.

Considering the facts and circumstances of the case, but without commenting upon merits of the case, IA.No.749/2023 is allowed and it is directed that jail sentence of appellant will remain under suspension subject to verification that amount of fine has been deposited, on appellant's furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand Only) with one

solvent surety of the like amount to the satisfaction of concerned Trial Court for his appearance before the Principal Registrar of this Court on 21st December, 2023 and on such further dates as may be fixed by the office in this regard till disposal of the appeal.

Certified copy as per rules.

(DEEPAK KUMAR AGARWAL) JUDGE

ms/-

Signature Not Verified Signed by: MADHU SOODAN PRASAD Signing time: 28-06-2023 05:08:37 PM