Madhya Pradesh High Court
Dipesh Sharma @ Golu Sharma vs The State Of Madhya Pradesh on 11 May, 2023
Author: Sujoy Paul
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 1867 of 2023
(DIPESH SHARMA @ GOLU SHARMA Vs THE STATE OF MADHYA PRADESH)
Dated : 11-05-2023
Mrs. Neelam Jain - Advocate for the appellant.
Mr. Akhilendra Singh - Government Advocate for the respondent/State.
Heard on I.A No.2618 of 2023, an application under Section 389(1) of
the Cr.P.C for suspension of sentence and grant of bail to appellant Dipesh
Sharma @ Golu Sharma arising out of judgment dated 25/01/2023 delivered
in Special Case No.49/2021 by learned 18th Additional Sessions Judge/ Special
Judge (POCSO Act), Bhopal.
The appellant has been convicted under Section 363 of the I.P.C. and
sentenced to undergo R.I. for 7 years with fine of Rs.1000/-, Section 366 of
IPC and sentenced to undergo R.I. for 10 years with fine of Rs.1000/-, Section
5(L)/6 of POCSO Act r/w Section 376 & 376(2)(n) of IPC and sentenced to
undergo R.I. for 20 years with fine of Rs.1000/- and Section 5(j)(ii)/6 of
POCSO Act r/w Section 376(2)(m) of IPC and sentenced to undergo R.I. for
20 years with fine of Rs.1000/-, with default stipulation.
Learned counsel for the appellant submits that as per prosecution story,
the appellant has taken the victim with him and sexually assaulted her. The
victim (PW-1) entered the witness box and did not support the prosecution
story. Indeed, he stated that she solemnized marriage with appellant in a temple
on her own violation and out of said wedlock, two daughters were born.
Learned counsel for the appellant submits that determination of age of victim by
the Court below is clearly erroneous. The appellant willing to reside with his
wife/victim and children. The final hearing of this appeal will take time. The
Signature Not Verified
Signed by: MANJU
Signing time:
5/12/2023 1:00:25 PM
continuous incarceration of appellant will cause more harm than good. Thus,
remaining jail sentence of appellant may be suspended.
Learned Government Advocate opposed the prayer on the basis of
objection.
We have heard the parties at length and perused the record.
Considering the aforesaid factual backdrop and 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. 2618 of 2023 is
allowed.
Subject to depositing the fine amount (if not already deposited), the
remaining jail sentence of appellant Dipesh Sharma @ Golu Sharma 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,
Bhopal on 7th August, 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:
5/12/2023 1:00:25 PM
