Lucky vs The State Of Madhya Pradesh
2023 Latest Caselaw 16825 MP

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT INDORE
                                                       CRA No. 5714 of 2023
                                                  (LUCKY Vs THE STATE OF MADHYA PRADESH)

                           Dated : 10-10-2023
                                 Shri Abhay Saraswat, learned counsel for the appellant.

                                 Shri K.K. Tiwari, learned Govt. Advocate for the respondent/State.

Heard on I.A. No.11795/2023, which is first application filed under Section 389(1) of Cr.P.C. for suspension of jail sentence and grant of bail moved on behalf of appellant - Lucky S/o Kailashchandra Chouhan

2. Appellant has been convicted vide judgement of conviction and order o f sentence dated 03/04/2023, passed by the learned Special Judge(Under POCSO Act) and IIIrd Additional Sessions Judge, Mandsaur, District Mandsaur(M.P.) in S.T. No.111/2022 for the offence registered under Sections 366 of IPC and sentenced to 3 years RI with fine of Rs.2,000/- and under Section 5(L)/6 of POCSO Act sentenced to RI for 20 years with fine of Rs.5,000/- with default stipulations.

3. The prosecution story found to be proved is that a complaint/missing report was lodged in the Police Station by the complainant that on 05/04/2022,

the prosecutrix went missing and there is apprehension that appellant have enticed the prosecutrix and took her alongwith him. On the basis of the aforesaid, a case has been registered against the present appellant.

4. Learned counsel for the appellant submitted that the appellant has not committed any offence and has been falsely implicated in the crime. The prosecutrix is aged about 16 years. Prosecutrix(PW1) has not stated anything against the present appellant. It is a case of consent. Both the appellant as well as the prosecutrix have been engaged. However, their marriage could not be Signature Not Verified Signed by: PREETHA HARI NAIR Signing time: 10-10-2023 06:07:09

solemnized because of certain differences in their family. There is no DNA report. Appeal is of the year 2023 and, therefore, final hearing of this appeal is not possible in near future. Hence, it is prayed that the remaining jail sentence of the appellant may be suspended and he may be released on bail.

5 . On the other hand, learned Government Advocate for the respondent/State has supported the impugned judgment and opposed the application. Moreover, he submitted that the custody period of the appellant is less. Hence, no case for grant of suspension of sentence is made out.

6. We have heard learned counsel for both the parties and perused the record.

7. Considering all the facts and circumstances of the case coupled with the fact that final hearing of the appeal will take long time in near future, without commenting on the merits of the case, we are of the opinion that the jail sentence of appellant is liable to be suspended.

8 . Accordingly, I.A.No.11795/2023 is allowed and it is directed that subject to deposit of fine amount, if not already deposited, and on furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty 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 the appellant - Lucky S/o Kailashchandra Chouhan shall remain suspended, till final disposal of this appeal. The appellant after being enlarged on bail shall mark his presence before the trial Court on 22/12/2023 and thereafter on all such subsequent dates, as may be fixed in this behalf.

9. IA No.11795/2023 stands disposed off.

Certified copy as per rules.

Signature Not Verified Signed by: PREETHA HARI NAIR Signing time: 10-10-2023 06:07:09

(S. A. DHARMADHIKARI) (PRANAY VERMA) JUDGE JUDGE

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Signature Not Verified Signed by: PREETHA HARI NAIR Signing time: 10-10-2023 06:07:09