Mahesh Singh Parste vs The State Of M.P.
2023 Latest Caselaw 7146 MP

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                                         IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT JABALPUR
                                                    CRA No. 10810 of 2022
                                              (MAHESH SINGH PARSTE Vs THE STATE OF M.P.)

                         Dated : 02-05-2023
                                Shri Rajendra Yadav - Advocate for the appellant.

                                Shri A.N. Gupta - Government Advocate for the respondent/State.

Heard on I.A No. 22347 of 2022, an application under Section 389(1) of the Cr.P.C for suspension of sentence and grant of bail to appellant Mahesh Singh Parste arising out of judgment dated 12.11.2022 delivered in

S.C. No.14/2019 by Special Judge (POCSO Act) Umaria District Umaria.

The appellant has been convicted under Section 363 of the I.P.C. and sentenced to undergo R.I. for seven years with fine of Rs.500/-, Section 366 of the I.P.C. and sentenced to undergo R.I. for ten years with fine of Rs.500/-, Section 342 of the I.P.C. and sentenced to undergo R.I. for one year, Section 376(2)(N) of the I.P.C. and sentenced to undergo R.I. for ten years with fine of Rs.500/-, Section 5(i)(L) r/w 6 of POCSO Act and sentenced to undergo R.I. for 20 years with fine of Rs.500/- and Section 5(j)(ii) r/w 6 of POCSO Act and sentenced to undergo R.I. for 20 years with fine of Rs.500/-, with default

stipulations.

Learned counsel for the appellant submits that the Court below has erroneiously determined the age of victim and treated her to be a juvenile. In fact, on the date of commission of crime, she was major. The appellant and victim solemnized marriage on their own volition. Out of said wedlock, two children were born. Birth certificates are filed with I.A.No.6714 of 2023. The name of parents show that the present appellant is father of the said children. Final hearing of this appeal is not possible in near future. The continues Signature Not Verified Signed by: MANJU Signing time:

5/3/2023 3:48:04 PM

incarceration of appellant will cause more harm than good. Thus, the remaining jail sentence of appellant may be suspended.

Learned Government Advocate opposed the prayer on the basis of objection.

Considering the aforesaid factual backdrop and without expressing any opinion on merits, we deem it proper to suspend the remaining jail sentence of the appellant. Accordingly, I.A No. 22347 of 2022 is allowed.

Subject to depositing the fine amount (if not already deposited), the remaining jail sentence of appellant - Mahesh singh Parste 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,

Umaria on 12 th July, 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)                                 (AVANINDRA KUMAR SINGH)
                               JUDGE                                              JUDGE

                         manju




Signature Not Verified
Signed by: MANJU
Signing time:
5/3/2023 3:48:04 PM