Akshay Verma vs The State Of Madhya Pradesh
2023 Latest Caselaw 7694 MP

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                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                      CRA No. 2683 of 2023
                                             (AKSHAY VERMA Vs THE STATE OF MADHYA PRADESH)

                          Dated : 10-05-2023
                                Shri Vishal V.R. Daniel- Advocate for appellant.

                                Shri S.K. Kashyap - Govt. Advocate for respondent/State.

Heard on I.A No. 4146 of 2023, an application under Section 389(1) of the Cr.P.C for suspension of sentence and grant of bail to appellant- Akshay Verma arising out of judgment dated 02.02.2023 delivered in S.C. No. 50/2020

by Special Judge (POCSO Act) Balaghat, District Balaghat.

The appellant has been convicted under Section 6 of POCSO Act, 2012 and sentenced to undergo R.I. for life with fine of Rs.1,0000/- and under Section 376(3) of IPC with the sentence as above with default stipulations.

Learned counsel for the appellant submits that the determination of age of the prosecutrix by the court below is erroneous. The appellant and the victim solemnised marriage on attaining the age of majority. The court below has mentioned about the factum of marriage in paragraph-52 of the judgment. The victim is residing with the family of the appellant. Out of said wedlock, a child

was born and his statutory birth certificate shows the name of appellant as his father. The final hearing of this appeal is not possible in near future. The continuous incarceration of the appellant will cause more harm than good and thus, the remaining jail sentence of appellant may be suspended.

Learned Govt. Advocate submits that the victim is served and opposed the application.

Considering the aforesaid factual backdrop and without expressing any conclusive opinion on the merits of the case, we deem it proper to suspend the Signature Not Verified Signed by: PARMESHWAR GOPE Signing time: 5/11/2023 1:25:35 PM

remaining jail sentence of the appellant. Accordingly, I.A No. 4146 of 2023 is allowed.

Subject to depositing the fine amount (if not already deposited), the remaining jail sentence of appellant - Akshay Verma 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 Registry of this court on 10th 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

                          PG




Signature Not Verified
Signed by: PARMESHWAR
GOPE
Signing time: 5/11/2023
1:25:35 PM