Madhya Pradesh High Court
Sunil Goswami vs The State Of Madhya Pradesh on 11 October, 2023
Author: Chief Justice
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 6207 of 2023
(SUNIL GOSWAMI Vs THE STATE OF MADHYA PRADESH AND OTHERS)
Dated : 11-10-2023
Shri D.S. Dubey - Advocate for appellant.
Shri A.N. Gupta - Public Prosecutor for respondent/State.
Heard on I.A.No.10059 of 2023:
2. This is the first application seeking for suspension of sentence and grant
of bail filed on behalf of appellant Sunil Goswami, who has been convicted
under Sections 363, 366, 376(3) and 376(2)(N) of the Indian Penal Code and
sentenced to R.I. for 5 years and fine of Rs.200/-; R.I. for 7 years and fine of
Rs.200/-, R.I. for 21 years and fine of Rs.200/- and R.I. for 11 years and fine
of Rs.200/-, respectively with default stipulations. He has also been convicted
under Section 5(I)/6 of the Protection of Children From Sexual Offence Act,
2012 and sentenced to R.I. for 21 years and fine of Rs.200/- with default
stipulation, as mentioned in the impugned judgment.
3. The case of the prosecution is that the complainant lodged a report to the
effect that on 08.04.2019 at about 6:00 AM her daughter had gone to nearby
field and did not return. Investigation taken up and after recording the statement
of the victim, the accused was arrested. The charge-sheet was filed against the
accused. On trial, he has been convicted and sentenced as mentioned above.
4. This application has been filed on the ground that there is inordinate delay
in lodging the FIR. No proper explanation has been given by the prosecution.
The medical report does not support the case of the prosecution. It is argued
that the victim and the present appellant were known to each other. The victim
herself went with the appellant and stayed with him at various places for 4-5
Signature Not Verified
Signed by: SUSHEEL
KUMAR JHARIYA
Signing time: 10/13/2023
2:16:57 PM
days without raising any hue and cry. There is no likelihood of early hearing of
the appeal in near future. He is in custody since 27.04.2023 and is ready to
abide by all the terms and conditions that may be imposed by this Court while
considering the application for suspension of sentence and grant of bail.
5. Per contra, learned Public Prosecutor has vehemently opposed the
contentions stating therein that the victim was minor at the time of commission
of offence and there is no material delay in lodging the FIR. But he could not
dispute the fact that the victim had stayed with the appellant for 4-5 days at
various places and had not raised any alarm.
6. Considering the overall facts and circumstances of the case, this Court
deems it appropriate to allow the application for suspension of sentence and
grant of bail.
7. Accordingly, without expressing any opinion on the merits of the case, I.A.
No.10059 of 2023 is allowed and it is directed that the jail sentence of the
appellant will remain under suspension subject to the verification that the
amount of fine is deposited and he be released on bail on furnishing a bail bond
of Rs. 50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the
like amount to the satisfaction of the trial Court concerned for their appearance
before that Court on 04.01.2024 and thereafter on such other subsequent dates
as may be fixed in that regard.
(RAVI MALIMATH) (VISHAL MISHRA)
CHIEF JUSTICE JUDGE
sj
Signature Not Verified
Signed by: SUSHEEL
KUMAR JHARIYA
Signing time: 10/13/2023
2:16:57 PM
