Madhya Pradesh High Court
Pinki Aadiwasi vs The State Of Madhya Pradesh on 13 October, 2023
Author: Roopesh Chandra Varshney
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 8992 of 2022
(PINKI AADIWASI Vs THE STATE OF MADHYA PRADESH)
Dated : 13-10-2023
Shri Sunil Kumar Tripathi - Advocate for appellant.
Shri Amit Garg - Panel Lawyer for respondent/State.
Heard on admission.
Appeal seems to be arguable, hence, it is admitted for final hearing.
Also heard on IA No.17282 of 2023, which is the first application under
Section 389(1) of the Cr.P.C. for suspension of sentence and grant of bail
moved on behalf of appellant-Pinki Adiwasi. Appellant is in jail.
Appellant stood convicted under Sections 363 and 366 of the IPC and
3/4 of the POCSO Act and sentenced to suffer R.I. for 5 years, R.I. for 7 years
and R.I. for 10 years with fine of Rs.5,000/-, Rs.5,000/- and Rs.10,000/-
respectively with default stipulations vide judgment of conviction and order of
sentence dated 11.05.2022 passed by Special Judge (POCSO Act, 2012)
Tikamgarh District- Tikamgarh in SPL Case No.77 of 2018.
Learned counsel for the appellant while seeking suspension of sentence
inter alia submitted that the trial Court without appreciating the evidence
wrongly convicted the appellant for the aforesaid offences. There are several
omissions and contradictions in the evidence adduced by the prosecution.
Appellant is in jail. Appeal is of the year 2022 and there is no likelihood of
appeal being taken up for final hearing. Under such circumstances, application
of appellant for suspension of sentence and grant of bail may be considered.
P e r contra, learned counsel for State while opposing the prayer,
supported the judgment impugned. He contends that judgment impugned is
Signature Not Verified
Signed by: DHEERAJ
PRATAP SINGH
Signing time: 13-Oct-23
4:55:46 PM
passed upon proper evaluation of evidence placed on record, so the sentence
of the appellant should not be suspended.
Upon hearing learned counsel for the parties though this Court refrain
from commenting upon rival contentions touching merits of the matter and the
appeal is of the year 2022 and there is no likelihood early hearing of the appeal
in near future, in the obtaining facts and circumstances, present appellant is held
entitled for suspension of jail sentence and grant of bail.
Accordingly, IA No.17282 of 2023 stands allowed and it is directed
that the jail sentence of appellant-Pinki Adiwasi shall remained suspended and
he be released on bail on his furnishing a 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 the trial Court subject to verification of factum
regarding deposit of fine amount. Appellant is directed to appear before the trial
Court first on 21/12/2023 and on other subsequent dates as may be fixed in
this behalf.
Accordingly, I.A. No. 17282 of 2023 stands allowed and disposed of.
Certified copy as per rules.
(ROOPESH CHANDRA VARSHNEY)
JUDGE
DPS
Signature Not Verified
Signed by: DHEERAJ
PRATAP SINGH
Signing time: 13-Oct-23
4:55:46 PM
