Manoj Goyal vs The State Of Madhya Pradesh
2023 Latest Caselaw 19122 MP

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                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT GWALIOR
                                                       CRA No. 4704 of 2023
                                               (MANOJ GOYAL Vs THE STATE OF MADHYA PRADESH)

                           Dated : 09-11-2023
                                 Mr. Deependra Singh Kushwah - Advocate for appellant.

                                 Mr. Dheeraj Kumar Budholiya, Panel Lawyer for the respondent - State.

Admit.

Heard on I.A. No. 17835 of 2023, which is third application under Section 389(1) Cr.P.C. for suspension of sentence and grant of bail moved by the appellant. His last bail application was dismissed as withdrawn vide order

dated 02.08.2023 with liberty to revive his prayer after three months.

This Criminal Appeal assails the judgment dated 13.03.2023 passed by VI Additional Sessions Judge/Special Judge, (POCSO Act) District Bhind (M.P.) in ST No. 186/2020, whereby appellant has been convicted and sentenced under Sections 366 and 376(1) of IPC and Section 3/4 of POCSO ACt to undergo rigorous imprisonment of five years, 10 years and 10 years with fine of Rs.1000/-, 2500/- and 2500/- respectively, with default stipulations.

Learned counsel for the appellant submits that the trial Court has wrongly convicted the appellant without appreciating the evidence available on record.

There are material contradictions and omissions in her court statement as well as statement recorded under Section 164 of Cr.P.C. Further submission is that factum of prosecutrix being minor is also not proved beyond reasonable doubt. It is further argued that appellant has already served almost 10 months of incarceration out of total jail sentence. This appeal is likely to take long time to conclude. Hence, prayer is made to suspend the jail sentence and grant of bail to the appellant.

Signature Not Verified Signed by: LOKENDRA JAIN Signing time: 11/9/2023 5:27:33 PM

Counsel for the State vehemently opposed the application and prayed for its rejection.

Heard learned counsel for the parties and perused the materials available on record.

Considering the arguments advanced by learned counsel for the parties, without commenting on merits of the case, I.A. No. 17835 of 2023 is hereby allowed. Subject to depositing of fine amount, if not already deposited, and on furnishing personal bond of Rs.1,00,000/- (Rupees One Lakh only) with one solvent surety of the like amount to the satisfaction of the concerned trial Court/committal Court, the remaining jail sentence of the appellant shall remain

suspended and he be released on bail. He is further directed to mark his appearance before the Office of this Court on 21.12.2023 and on subsequent dates given by the Office in this regard, till final disposal of this appeal.

List the case for final hearing in due course. A copy of this order be sent to the concerned Court below for compliance.

Certified copy/ e-copy as per rules/directions.

(SUNITA YADAV) JUDGE

(LJ*)

Signature Not Verified Signed by: LOKENDRA JAIN Signing time: 11/9/2023 5:27:33 PM