Kamal vs The State Of Madhya Pradesh
2023 Latest Caselaw 4288 MP

                                                  1
                           IN THE HIGH COURT OF MADHYA PRADESH
                                         AT INDORE
                                           CRA No. 2001 of 2020
                                     (KAMAL Vs THE STATE OF MADHYA PRADESH)

              Dated : 17-03-2023
                      Shri Khuzema Kapadia - Advocate for the appellant.

                      Shri Vishal Sanothiya - GA for respondent/State.

PUD has been received from the trial Court. As per the PUD, original DNA report is not found and other copy of the DNA report has been obtained from the concerned department.

From perusal of the judgment it is clear that DNA report is Ex.P/26 and it

was made part of the record and it is missing, therefore, Principal District Judge, Indore is directed to make an enquiry against the erring criminal reader and take necessary disciplinary action against him.

Heard on IA No.10883/2022, which is an application under Section 389(1) of Cr.P.C. on behalf of the appellant-Kamal for grant of bail and suspension of remaining jail sentence.

Appellant has been convicted for the offence under Section 5/6 of POCSO Act and Section 376(2)(n) of IPC and sentenced to 10 years R.I. with fine of Rs.5,000/-, with usual default stipulation.

Learned counsel for the appellant contended that the appellant is innocent and he has been falsely implicated in the aforesaid offence. He has already suffered jail incarceration for more than 5 years. Prosecutrix (PW-1) and her father (PW-2) both of them have turned completely hostile and they did not state anything against the present appellant. Age of the prosecutrix has not been Signature Notduly proved. Trial Court has convicted the appellant only on the basis of the Verified Signed by: TRILOK SINGH SAVNER DNA report (Ex.P/26), but the original of this document is found missing. Signing time: 17-Mar-23 6:59:31 PM

There is a strong case in favour of the appellant. Final conclusion of appeal will take a long sufficient time. Hence he prays for grant of bail and suspension of remaining jail sentence of the appellant.

Per contra, learned GA for the respondent/State opposes the application for suspension of sentence and prays for its rejection.

After considering the facts and circumstances of the case, submissions made by learned counsel for both the parties, nature and gravity of the allegation against the appellant and also taking note of the fact that prosecutrix and her father both have turned hostile before the trial Court and they did not state anything regarding commission of rape against the appellant, appellant has

already suffered jail incarceration for more than 5 years but final conclusion of this appeal will take a long sufficient time, I deem it proper to suspend the remaining jail sentence of the appellant.

Accordingly, IA No.10883/2022 is allowed and the execution of remaining jail sentence of the appellant-Kamal is hereby suspended till the final disposal of this appeal and it is ordered that the appellant be released on bail on his depositing the fine amount, if not already deposited, and upon furnishing a personal bond for a sum of Rs.75,000/- with one solvent surety of the like amount to the satisfaction of the trial Court, with a further direction to appear before the Registry of this Court on 20.7.2023 and on such other dates, as may be fixed by the Registry of this Court in this regard during the pendency of this appeal.

Let a copy of this order be sent to the Principal District Judge, Indore for necessary action.

Signature Not Verified C.C. as per rules.

Signed by: TRILOK SINGH SAVNER Signing time: 17-Mar-23 6:59:31 PM

(ANIL VERMA) JUDGE

trilok

Signature Not Verified Signed by: TRILOK SINGH SAVNER Signing time: 17-Mar-23 6:59:31 PM