Citation : 2023 Latest Caselaw 16814 MP
Judgement Date : 10 October, 2023
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 7165 of 2023
(ANIL @ GOVIND KUMAR KEWAT Vs THE STATE OF MADHYA PRADESH AND OTHERS)
Dated : 10-10-2023
Shri Sourabh Singh Thakur - Advocate for the appellant.
Shri Yogesh Dhande - Public Prosecutor for the respondent/State.
IA No.13221 of 2023 is filed on behalf of appellant-Anil for suspension of sentence and grant of bail.
The case of the prosecution is that a complaint was lodged on 2.2.2019
that his daughter is missing and that she has eloped with the accused. Thereafter, on 26.08.2019 she was recovered. She has stated that she went with the accused voluntarily and had even married him. That she was 5 months pregnant at that point of time. Based on the allegation of the victim, the case was registered. On trial, appellant has been convicted for the offences punishable under Sections 363, 366, 376 (2) n of the IPC and further convicted under Sections 3/4 and 5-L/6 of the POCSO Act, 2012 and sentenced to RI for 5 years, RI for 5 years, RI for 20 years, RI for 20 years and RI for 20 years and f in e respectively with default stipulations as mentioned in the impugned
judgment.
The statement of the victim herself would indicate that she was not only voluntarily staying with the accused, had married him, but was also five months pregnant at that point of time. After taking all these facts into consideration, we are of the view that the appellant is entitled to be released on bail. Hence, IA No.13221 of 2023 is allowed.
Appellant - Anil @ Govind Kumar Kewat is directed to be enlarged on bail subject to he depositing the fine amount and on furnishing a personal bond Signature Not Verified Signed by: SANTOSH MASSEY Signing time: 11-10-2023 12:09:47
in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety of the like amount to the satisfaction of the trial Court for his appearance before the trial Court/concerned Court on 04.01.2024 and thereafter on such other subsequent dates as may be fixed in that behalf.
(RAVI MALIMATH) (VISHAL MISHRA)
CHIEF JUSTICE JUDGE
SKM
Signature Not Verified
Signed by: SANTOSH
MASSEY
Signing time: 11-10-2023
12:09:47
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