Madhya Pradesh High Court
Abhishek vs The State Of Madhya Pradesh on 11 May, 2023
Author: Anil Verma
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
CRA No. 2601 of 2023
(ABHISHEK Vs THE STATE OF MADHYA PRADESH)
Dated : 11-05-2023
Shri Sunil Gupta, learned counsel for the appellant.
Shri Prashant Jain Gwaliory, learned Govt. Advocate for the
respondent/State.
Record of the trial Court has been received.
Heard on the question of admission.
The appeal is admitted for final hearing.
Learned Govt. Advocate submits that the State has filed reply in
connected appeal Cr.A.No.2250/2023 in respect of co-accused Suresh and he
adopts the same reply for I.A. No.6039/2023 also.
Also heard on I.A.No.6039/2023, which is first application under Section
389(1) of Cr.P.C. for grant of bail and suspension of remaining jail sentence on
behalf of the sole appellant.
Appellant stands convicted vide judgment dated 29/12/2022 passed in
Special S. T. No.136/2018 by V Additional Sessions Judge, POCSO Act,
Indore (M.P.) under Sections 363/109, 366-A/109, 342/109 and 376(2)(N)/109
of Indian Penal Code, 1860 and Section 17 of the Protection of Children from
Sexual Offences Act, 2012, he has been sentenced to undergo 03 years RI with
fine of Rs.500/-, 03 years RI with fine of Rs.500/-, 01 Month RI with fine of
Rs.100/-, 10 years RI with fine of Rs.2,000/- and 10 years RI with fine of
Rs.1,000/- respectively with usual default stipulation.
Learned counsel for the appellant submits that appellant is an innocent
person and he has been falsely implicated in this matter. Present appellant is not
Signature Not Verified
Signed by: SUMATHI
Signing time:
5/11/2023 4:55:51 PM
the main accused, who has committed rape upon the prosecutrix. The alleged
rape was committed by the juvenile accused. Appellant has not actively
participated in the incident. No allegation of rape is levelled against him. During
the trial he was on bail and he has not misused the liberty granted to him. There
are material contradictions and omissions in the statement of the witnesses.
Appellant is languishing in jail since the date of judgment 29/12/2022. Looking
to old pendency of the cases for consideration, final conclusion of this appeal
would take sufficient long time. There is a strong case in favour of the appellant.
Hence, the execution of the remaining part of the jail sentence of the appellant
be suspended till the final disposal of this appeal.
P e r contra, learned counsel for the respondent / State opposes the
application for suspension of sentence and prays for its rejection.
Considering all the facts and circumstances of the case, nature of the
allegation levelled against the appellant and also taking note of the fact that the
role attributed to the present appellant in the incident is very limited, he is not
the main accused, who has committed rape upon the prosecutrix; appellant was
on bail during the trial; there is no complaint that he has misused the liberty
granted to him and final conclusion of the appeal will also take sufficient long
time. In view of the aforesaid facts and circumstances of the case, I deem it
proper to suspend the remaining custodial sentence of the appellant.
Accordingly, I.A.No.6039/2023 is allowed and it is directed that subject
to deposit of fine amount, if not already deposited, and subject to furnishing
personal bond by the appellant in the sum of Rs.75,000/- (Rupees Seventy Five
Thousand Only) with one solvent surety in the like amount to the satisfaction of
learned trial Court, the execution of remaining custodial part of the sentence of
Signature Not Verified
the appellant shall remain suspended, till final disposal of this appeal.
Signed by: SUMATHI
Signing time:
5/11/2023 4:55:51 PM
The appellant after being enlarged on bail shall mark his presence before
the Registry of this Court on 28/11/2023 and on all such subsequent dates,
which are fixed in this behalf.
Registry is directed to list the appeal for final hearing in due course.
Certified copy as per rules.
(ANIL VERMA)
JUDGE
sumathi
Signature Not Verified
Signed by: SUMATHI
Signing time:
5/11/2023 4:55:51 PM
