Madhya Pradesh High Court
Arun Vanshkar vs The State Of Madhya Pradesh on 16 March, 2023
Author: Sujoy Paul
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 2740 of 2023
(ARUN VANSHKAR Vs THE STATE OF MADHYA PRADESH)
Dated : 16-03-2023
Mrs. Indu Pandey - Advocate for the appellant.
Shri Pramod Pandey - G.A. for the respondent / State.
Heard on I.A No.4183 of 2023 for suspension of sentence and grant
of bail to appellant Arun Vanshkar arising out of judgment dated 28.01.2023
delivered in Special Case No. 190 / 2021, by 18th Additional Sessions Judge /
Special Judge (POCSO) Act, Bhopal.
T h e appellant has been convicted under Section 363 of I.P.C. and
sentenced to undergo R.I. for seven years with fine of Rs.1,000/-, Section 366
of I.P.C. and sentenced to undergo R.I. for ten years with fine of Rs.1,000/-
and Section 5(l) R/w Section 6 of POCSO Act R/w Section 376, 376(2)(n) of
IPC and sentenced to undergo R.I. for twenty years with fine of Rs.1,000/-
with default stipulations.
Learned counsel for the appellant by taking this Court to the prosecution
story submits that although on 16.01.2019 the prosecutrix's mother lodged a
report regarding the fact that her daughter is not traceable, fact remains that
prosecutrix entered the witnessbox as (PW-1) and deposed that she on her own
volition went to Bangalore with appellant. She remained there with appellant as
husband - wife at Bangalore for about one month. Two children were born out
of their relation. She wanted to solemnize marriage with the appellant but since
the caste of appellant and victim were different, family members of victim did
not agree for such marriage. Ms. Indu Pandey submits that the Court below has
committed an error in determining the age of the victim. The victim was major at
Signature Not Verified
Signed by: NAVEEN KUMAR
SARATHE
Signing time: 3/17/2023
11:48:39 AM
the time of incident. The birth certificate of children are filed along with the IA
No. 5372 of 2023 to show the paternity of children. In addition, Adhar Cards of
children and parents were filed to establish the relation. Considering the
aforesaid, it is prayed that keeping the appellant in custody will cause more
harm than good. The Appellant may be given benefit of suspension of sentence.
Moreso, when final hearing of this appeal is not possible in near future.
Shri Pramod Pandey , learned Government counsel opposed the prayer
on the basis of objection and informed that victim has been served.
Considering the aforesaid factual backdrop, without expressing any
conclusive opinion on merits, we deem it proper to suspend the remaining jail
sentence of the appellant. Accordingly, I.A No.4183 of 2023 is allowed.
Subject to depositing the fine amount (if not already deposited), the
remaining jail sentence of appellant Arun Vanshkar is hereby suspended and
it is directed that the appellant be released on bail on his furnishing a personal
bond for a sum of Rs.30,000/- (Rupees Thirty Thousand only) with one
solvent surety of the like amount to the satisfaction of the trial Court with a
further direction to appear before the trial Court Bhopal on 9th May, 2023.
and also on such other dates as may be fixed by the trial Court in this regard
during the pendency of this appeal.
Certified copy as per rules.
(SUJOY PAUL) (AMAR NATH (KESHARWANI))
JUDGE JUDGE
sarathe
Signature Not Verified
Signed by: NAVEEN KUMAR
SARATHE
Signing time: 3/17/2023
11:48:39 AM
