Madhya Pradesh High Court
Neeraj Patel vs The State Of Madhya Pradesh on 2 May, 2023
Author: Sujoy Paul
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 276 of 2023
(NEERAJ PATEL Vs THE STATE OF MADHYA PRADESH AND OTHERS)
Dated : 02-05-2023
Shri Vikas Jyotshi - Advocate for appellant.
Shri S.K. Kashyap - Govt. Advocate for respondent/State.
Shri K.K. Verma - Advocate for respondent No.2/Objector.
Heard on I.A No. 179 of 2023, an application under Section 389(1) of the
Cr.P.C for suspension of sentence and grant of bail to appellant - Neeraj Patel
arising out of judgment dated 31.10.2022 delivered in S.T No. 13/2019 by
Special Judge (POCSO Act) Anuppur District Anuppur.
The appellant has been convicted under Sections 363 of I.P.C. and
sentenced to undergo R.I. for five years with fine of Rs.1,000/-, under Section
366 of IPC and sentenced to undergo RI for 10 years with fine of Rs. 1000/-,
under Section 342 of IPC and sentenced to undergo RI for 1 year and fine of
Rs. 500/-, under Section 376 (2)(i) of IPC and sentenced to undergo RI for 10
years and fine of Rs. 1000/-, under Section 376 (2)(n) of IPC and sentenced to
undergo RI for 10 years and fine of Rs. 1000/- and under Section 5L/6 of
POCSO Act, 2012 and sentenced to undergo RI for 20 years and fine of Rs.
1000/- with default stipulations.
Learned counsel for the appellant submits that the court below has
committed error in determination of age of the victim. The appellant and victim
have infact solemnized marriage on their own volition and out of said wedlock,
a daughter was born. The affidavit of objector has been relied upon wherein she
stated that she does not have any objection, if the remaining jail sentenced is
suspended. It is further stated that the appellant and victim will get their marriage
Signature Not Verified
Signed by: PARMESHWAR
GOPE
Signing time: 5/3/2023
2:59:14 PM
registered immediately after release of appellant. The final hearing of this appeal
is not possible in near future. Thus, the remaining jail sentence of appellant may
be suspended.
Learned Govt. Advocate opposed the prayer.
The counsel for the objector supported the IA.
Considering the aforesaid factual backdrop,we deem it proper to
suspend the remaining jail sentence of the appellant.Accordingly, I.A No. 179 of
2023 is allowed.
Subject to depositing the fine amount (if not already deposited), the
remaining jail sentence of appellant - Neeraj Patel 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, Anuppur on 7th August, 2023 and
also on such other dates as may be fixed the trial court in this regard during the
pendency of this appeal.
C.C as per rules.
(SUJOY PAUL) (AVANINDRA KUMAR SINGH)
JUDGE JUDGE
Signature Not Verified
Signed by: PARMESHWAR
GOPE
Signing time: 5/3/2023
2:59:14 PM
