Madhya Pradesh High Court
Parmendra Thakur vs The State Of Madhya Pradesh on 11 May, 2023
Author: Sanjeev S Kalgaonkar
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 6019 of 2023
(PARMENDRA THAKUR Vs THE STATE OF MADHYA PRADESH AND OTHERS)
Dated : 11-05-2023
Shri Manoj Kumar Mishra- Advocate for the applicant.
Shri Ajeet Rawat- Government Advocate for the respondent/State.
Heard on admission.
Record of the trial Court be called for.
Appeal is admitted for hearing.
Heard on I.A No.9732/2023 which is an application under Section
389(1) of the Cr.P.C for suspension of sentence and grant of bail to appellant
arising out of judgment dated 18.04.2023 delivered in SC Case No.21/2022 by
the Special Judge (POSCO Act), Seoni, District-Seoni (M.P.)
The appellant has been tried and convicted for the offences under
Sections 452, 354, 354(A)(1)(i) of IPC and section 7 read with section 8 of
POCSO Act and sentenced to suffer R.I. for two years and fine of Rs.500/-
under section 452 of IPC, sentenced to suffer R.I. for two years and fine of
Rs.500/- under section 354 of IPC, sentenced to suffer R.I. for 1 year and fine
of Rs.200/- under section 354(1)(i) of IPC and sentenced to suffer R.I. for
three years and fine of Rs.500/- under section 7 read with section 8 of
Protection of Children from Sexual Offices Act, 2012. All the sentences have
been directed to run concurrently.
According to the prosecution case, the complainant along with her
parents went to Police Station- Barghat and lodged a report stating that when
her parents had gone for some work in the field Parmendra Thakur came to her
house and hold her with bad intention. The complainant raised hue and cry. She
Signature Not Verified
Signed by: RAVIKANT
KEWAT
Signing time: 5/12/2023
10:12:28 AM
freed herself from the clutches of the applicant and ran away toward the field.
In addition to the grounds mentioned in the application for suspension of
sentence, learned counsel for the appellant submits that the appellant was falsely
implicated in the matter. Learned counsel for the appellant also drawn attention
of this Court towards the inconsistencies in the prosecution evidence, the
judgment of the trial Court is not sustainable. Final disposal of the appeal would
take considerable time. The appellant was on bail during trial and his bail
has been extended till 18.05.2022. Hence, prayer has been made to suspend
the jail sentence of the appellant.
Learned Panel Lawyer for the respondent/State opposed the prayer for
suspension of sentence and grant of bail.
Heard learned counsel for the parties and perused the judgment of the
trial Court.
Considering the aforesaid backdrops and without expressing any
conclusive opinion on merits, this Court deems it proper to suspend the
remaining jail sentence of the appellant-Parmendra Thakur Accordingly,
I.A.No.9732/2023 is allowed.
Subject to depositing the fine amount (if not already deposited), the
remaining jail sentence of appellant Parmendra Thakur 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.50,000/- (Rupees Fifty 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 concerned trial Court on 14th 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.
Signature Not Verified
Signed by: RAVIKANT
KEWAT
Signing time: 5/12/2023
10:12:28 AM
List this case for final hearing.
Certified copy as per rules.
(SANJEEV S KALGAONKAR)
JUDGE
rk.
Signature Not Verified
Signed by: RAVIKANT
KEWAT
Signing time: 5/12/2023
10:12:28 AM
