Durgesh @ Gurvesh Baithe vs State Of Madhya Pradesh
2023 Latest Caselaw 9861 MP

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 1556 of 2020 (DURGESH @ GURVESH BAITHE Vs STATE OF MADHYA PRADESH)

Dated : 30-06-2023 Ms. Indu Pande-Advocate for the appellant.

Mr. Yogesh Dhande-Government Advocate for the State.

Heard on I.A. No.16863/2022, an application for suspension of jail sentence and grant of bail to appellant-Durgesh alias Gurvesh Baithe.

Appellant has been convicted under Section 366A of IPC and sentenced

to undergo R.I. for 5 years with fine of Rs.2,000/-, under Section 376(3) of IPC and sentenced to undergo R.I. for 20 years with fine of Rs. 3,000/- and under Section 506 Part-II of IPC and sentenced to undergo R.I. for 3 years with fine of Rs. 1,000/-with default stipulations vide judgment dated 13.11.2019 passed in S.C. No. 13/2019 by Sixth Additional Session Judge/Special (POCSO Act), Chhindwara, District Chhindwara.

Learned counsel for the appellant submits that learned trial Court has wrongly convicted and sentenced the appellant. Learned counsel for the appellant drawing attention of this Court towards the evidence adduced by

prosecutrix submits that prosecutrix is not reliable witness. There is delay in lodging the FIR and there is no explanation on record. The prosecutrix's story is not probable. Hence, she submits that remaining jail sentence of the appellant be suspended and he be released on bail.

Learned Government Advocate has submitted that learned trial Court has determined the prosecutrix's age as minor and prosecutrix has supported the prosecution story. Thus, no ground for suspension of sentence and release the appellant on bail is made out. Therefore, he prays for dismissal of the Signature Not Verified Signed by: KUNDAN SHARMA Signing time: 7/1/2023 6:06:53 PM

application for suspension of sentence.

Heard learned counsel for the parties and perused the record. Taking into consideration the deposition of prosecutrix along with the other evidence on record coupled with the fact that final hearing of this appeal is no t possible in near future, we deem it proper to suspend the remaining jail sentence of the appellant and release him on bail.

Accordingly, aforesaid I.A. is allowed.

It is directed that subject to depositing the fine amount, if not already deposited, remaining jail sentence of the appellant is hereby suspended and he shall be released on bail on his furnishing a personal bond in the sum of

Rs.30,000/- (Rupees thirty thousand only) with one solvent surety of the like amount to the satisfaction of the trial court concerned with a further direction to appear before the concerning trial court on 04.09.2023 and also on such other dates, as may be fixed by the trial court in this regard during pendency of this appeal.

Certified Copy as per rules.

                            (SUJOY PAUL)                                      (ACHAL KUMAR PALIWAL)
                               JUDGE                                                  JUDGE

                         kundan




Signature Not Verified
Signed by: KUNDAN
SHARMA
Signing time: 7/1/2023
6:06:53 PM