Madhya Pradesh High Court
Ajay vs The State Of Madhya Pradesh on 9 October, 2023
Author: Sushrut Arvind Dharmadhikari
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
CRA No. 8094 of 2022
(AJAY Vs THE STATE OF MADHYA PRADESH AND OTHERS)
Dated : 09-10-2023
Shri Vivek Singh, learned counsel for the appellant.
Shri K. K. Tiwari, learned G.A. for respondent/State.
Heard on I.A. No. 3261/2023, which is first application for suspension
of sentence and grant of bail filed under section 389(1)of the Cr.P.C. on behalf
of sole appellant - Ajay s/o Uttam Hardas.
1. The trial Court has convicted the appellant under Section 363 of IPC
and sentenced to R.I for 3 years with fine of Rs.500/-; under Section 377 of
IPC sentenced to 10 years RI with fine of Rs.500/-; under Section 3/4(2) of
POCSO Act and sentenced to undergo 20 years RI with fine of Rs.500/-,
Section 3(2)(v) of SC/ST Act and sentenced to undergo R.I. for life with fine
of Rs. 500/- and Section 3(2)(v)(A) of SC/ST Act and sentenced to undergo
R.I. for 3 years with fine of Rs. 500/- with default stipulations vide judgment
dated 29.08.2022, passed by Learned Special Judge (POCSO Act, 2012),
Barwani District Barwani (M.P.) in SC ATR No. 08/2019.
2. The prosecution story found to be proved is that, on 20.01.2019 the
complainant was attending the marriage of the daughter of Kirna at Baljhiri. In
the night at about 12:00 PM, complainant's son came to him in a nude condition
and was crying and informed that the appellant took him forcefully with him
from the place of marriage to the school and committed unnatural act with him.
3. Learned counsel for the appellant submits that the present appellant is
innocent and has been falsely implicated in the alleged offence. He has been
convicted only on the basis of DNA report which which has not even been
Signature Not Verified
Signed by: VATAN
SHRIVASTAVA
Signing time: 10/9/2023
6:32:21 PM
marked as an exhibit. Section 294 of Cr.P.C. provides that it is mandatory for
the trial Court to record the statements of Officers who had sent the DNA
report for testing to the FSL. The procedure laid down has not been followed.
All the witnesses including the victim have turned hostile. This appeal is of the
year 2022. Final hearing of this appeal is not possible in near future, therefore, it
is prayed that the remaining jail sentence of the appellant may be suspended and
he may be released on bail.
4. Learned Govt. Advocate for the respondent/State opposed the prayer
and prays for rejection of the application for suspension of sentence.
5. We have heard learned counsel for both the parties and perused the
record.
6. Looking to the facts and circumstances of the case, coupled with the
fact that the final hearing of this appeal is not possible in near future, without
expressing any opinion on merits of the case, the I.A. No. 3261/2023 is
allowed and the jail sentence of the appellant shall remain suspended.
7. It is directed that subject to depositing the fine amount, if already not
deposited, sole appellant - Ajay s/o Uttam Hardas shall be released on bail,
on furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty
Thousand Only) along with solvent surety in the like amount to the satisfaction
o f trial Court, for his appearance before the Registry of this Court firstly on
04.12.2023, and on such other dates, as may be fixed by the Registry in this
regard, till final disposal of this appeal.
8. In view of the aforesaid, I.A. No. 3262/2023 for early hearing stands
closed.
List for final hearing in due course.
Signature Not Verified
Signed by: VATAN
SHRIVASTAVA
Signing time: 10/9/2023
6:32:21 PM
Certified copy as per rules.
(S. A. DHARMADHIKARI) (PRANAY VERMA)
JUDGE JUDGE
Vatan
Signature Not Verified
Signed by: VATAN
SHRIVASTAVA
Signing time: 10/9/2023
6:32:21 PM
