Vinod Kumar Jaiswal @ Raj vs The State Of Madhya Pradesh
2023 Latest Caselaw 16815 MP

                                                              1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                       CRA No. 9321 of 2022
                                  (VINOD KUMAR JAISWAL @ RAJ Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                           Dated : 10-10-2023
                                 Shri Vivek Shukla - Advocate for the appellant.

                                 Shri Pramod Thakre - Public Prosecutor for the respondent/State.

IA No.19706 of 2022 is filed on behalf of appellant-Vinod Kumar Jaiswal for suspension of sentence and grant of bail.

2. The appellant has been convicted for the offences punishable under

Sections 5(j)(ii)/6 of the POCSO Act, 2012 and further convicted under Section 363 and 366 of the IPC and sentenced to RI for 20 years, RI for 3 years and RI for 7 years and fine respectively with default stipulations as mentioned in the impugned judgment.

3. The case of the prosecution is that a report was lodged on 11.06.2017 by the father of the prosecutrix that she has gone missing. She was recovered on 8.1.2018. She has stated that she was having an affair with the accused and both had run away from home and performed the marriage.

4. Therefore, keeping in mind the facts and circumstances involved and the

manner in which the prosecutrix herself has narrated the incident, we find that it is a fit case where the appellant is entitled to be enlarged on bail. Hence, IA No.19706 of 2022 is allowed.

5. Appellant - Vinod Kumar Jaiswal @ Raj is directed to be enlarged on bail subject to he depositing the fine amount and on furnishing a personal bond 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 Signature Not Verified Signed by: SANTOSH MASSEY Signing time: 11-10-2023 12:09:47

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