Madhya Pradesh High Court
Deepak Valmiki vs The State Of Madhya Pradesh on 11 October, 2023
Author: Rohit Arya
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 9559 of 2023
(DEEPAK VALMIKI Vs THE STATE OF MADHYA PRADESH)
Dated : 11-10-2023
Shri Rahul Bansal- Advocate for the appellant.
Shri Kuldeep Singh-Public Prosecutor for respondent/State.
Heard o n I.A. No.17484 of 2023, second application under Section
389(1) Cr.P.C. for suspension of sentence and grant of bail moved on behalf of
sole appellant -Mukesh @ Monu.
Appellant stands convicted under Section 363/34 of IPC and sentenced
to undergo RI for 4 years with fine of Rs.1000/-, under Section 366/34 of IPC
and sentenced to undergo R.I. for 5 years with fine of Rs.2000/- and under
Section 120-B of IPC and sentenced to undergo R.I. for 6 months with fine of
Rs.500/- with default stipulations vide judgment of conviction and order of
sentence dated 07/07/2023 passed by Special Judge, POCSO Act, Sironj,
District Vidisha (M.P.) in SC No.08/2019.
Appellant so far has undergone more than 9 months of jail incarceration.
A s per prosecution story, a missing report was lodged by the
complainant, father of prosecutrix (PW-2) on 17.01.2019 that in the intervening
night of 16-17/01/2019 while all family after having dinner was sleeping, at about
3'O clock in the night, his wife (PW-4) informed that the prosecutrix is missing
from the room. Despite extensive search, she was not recovered. Upon
investigation, she was recovered on 22/01/2019. Thereafter, statements of
prosecutrix under Sections 161 and 164 of CrPC have been recorded. Upon
correction of the relevant material, challan was filed. The case was committed to
the Special Court for trial. The Special Court upon critical evaluation of the
Signature Not Verified
Signed by: AVINASH
BHARGAV
Signing time: 12-10-2023
10:04:04 AM
evidence placed before it and recording of statements of material witnesses,
convicted and sentenced the present appellant, as referred above.
Learned counsel for the appellant submits that the appellant is aged
around 25 years and he has been falsely implicated. The Special Court has not
appreciated the evidence in correct perspective and the same suffers from
surmises and conjectures. That apart, it is a case of consent as the prosecutrix
herself has given her statements having gone with other co-accused person on
her own volition and appellant's name has been implicated. Appellant has
already suffered more than 9 months of jail incarceration. The appeal is of the
year 2023 and there is no likelihood of early hearing of this appeal in near
future. Under such circumstances, it is prayed that jail sentence of the appellant
may kindly be suspended.
Learned counsel for the respondent-State opposed the prayer while
supporting the impugned judgment.
Upon hearing learned counsel for the parties, though this Court refrains
from commenting upon the rival contentions so advanced touching merits of the
case, but regard being had to the fact that appeal is of the year 2023 and there is
no likelihood of early hearing of the appeal, in the obtaining facts and
circumstances, particularly the deposition of the prosecutrix, prima facie this
Court is of the view that appellant is held entitled and accordingly, extended the
benefit of suspension of sentence.
Accordingly, we allow the application and it is directed that the jail
sentence of appellant- Deepak shall remain suspended during pendency of the
present appeal and he be released on bail on his furnishing a personal bond in
the sum of Rs.1,00,000/- (Rupees One Lac only) with one solvent surety in
Signature Not Verified
the like amount to the satisfaction of the trial Court subject to verification of
Signed by: AVINASH
BHARGAV
Signing time: 12-10-2023
10:04:04 AM
factum regarding deposit of fine amount. Appellant- Deepak i s directed to
appear before the Registry of this Court first on 12/12/2023 and on other
subsequent dates as may be fixed in this behalf.
Accordingly, I.A. No.17484 of 2023 stands allowed and disposed of.
Observations on facts, if any, are only for the purpose of deciding the
instant I.A. and shall have no bearing on the merits of the appeal.
Certified copy as per rules.
(ROHIT ARYA) (SANJEEV S KALGAONKAR)
JUDGE JUDGE
Avi
Signature Not Verified
Signed by: AVINASH
BHARGAV
Signing time: 12-10-2023
10:04:04 AM
