Madhya Pradesh High Court
Sunil Gurjar vs The State Of Madhya Pradesh on 9 May, 2023
Author: Sujoy Paul
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 8913 of 2022
(SUNIL GURJAR Vs THE STATE OF MADHYA PRADESH AND OTHERS)
Dated : 09-05-2023
Shri Devesh Sharma - Advocate for the appellant.
Shri S. K. Kashyap - Government Advocate for the respondent/State.
Heard on I.A No.18755 of 2022, an application under Section 389(1)
of the Cr.P.C for suspension of sentence and grant of bail to appellant Sunil
Gurjar arising out of judgment dated 20/09/2022 delivered in Special Case
No.05/2021 by learned Additional Sessions Judge, Baraisiya, District Bhopal.
This appellant has been convicted under Section 376(2)(n) of the I.P.C.
and sentenced to undergo R.I. for life with fine of Rs.6000/-, Section 363 of
IPC of IPC and sentenced to undergo R.I. for three years with fine of Rs.2000,
Section 366-A of IPC and sentenced to undergo R.I. for five years with fine of
Rs.2000/- and under Section 5/6 of POCSO Act, with default stipulation.
Learned counsel for the appellant submits that as per prosecution story,
the appellant gave some 'sweet' to the victim because of which she almost
became unconscious and appellant forcibly taken her on his motorcycle to
Bhopal. Victim remained with appellant for about two months and during this
period, he sexually assaulted the victim. Learned counsel for the appellant
further submits that Court below has committed an error in determining the age
of the victim. Even as per Admission Register, the date of birth of victim was
30/01/2001 and as per this date also, on the date of assault, she was few months
less than the18 years. It is submitted that appellant and victim have solemnized
the marriage after attaining the age of majority and marriage certificate was
placed before the Court below along with photographs as Article 'B'. In
Signature Not Verified
Signed by: MANJU
Signing time:
5/10/2023 12:42:25 PM
addition, the victim has filed a joint application before this Court for
compromising the matter so that she can happily stay with appellant/husband. It
is submitted that victim is present in the Court and has no objection to the
present application.
Learned Government Advocate opposed the prayer and informed that
victim has already been served.
We have heard the parties at length and perused the record.
Considering the aforesaid factual backdrop, without expressing any
conclusive opinion on the merits of the case, we deem it proper to suspend the
remaining jail sentence of appellant. Accordingly, I.A No. 18755 of 2022 is
allowed.
Subject to depositing the fine amount (if not already deposited), the
remaining jail sentence of appellant Sunil Gurjar is hereby suspended and it is
directed that this 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, Baraisiya District Bhopal on 17 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:
5/10/2023 12:42:25 PM
