Mulla Alias Mulayam vs The State Of Madhya Pradesh
2023 Latest Caselaw 17589 MP

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                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT GWALIOR
                                                       CRA No. 7864 of 2023
                                          (MULLA ALIAS MULAYAM Vs THE STATE OF MADHYA PRADESH)

                           Dated : 19-10-2023
                                 Mr. Kushagra Shukla, Advocate for the appellant.

                                 Mr. P.P.S. Bazeeta, Dy. Public Prosecutor for the respondent - State.

Admit.

Heard on I.A. No. 14198 of 2023, which is an application under Section 389(1) Cr.P.C. for suspension of sentence and grant of bail moved by the appellant.

This Criminal Appeal assails the judgment dated 07.6.203 passed by Special Judge (POCSO Act)/Children Court, Bhind, District Bhind (M.P.) in ST No. 71/2021, whereby appellant has been convicted and sentenced under Section 4 of POCSO Act read with Section 376 (1) of IPC to undergo rigorous imprisonment of 10 years with fine of Rs.500/-, with default stipulation.

Learned counsel for the appellant submits that the trial Court has wrongly convicted the appellant without appreciating the evidence available on record. There are material contradictions and omissions in the statement of the prosecution witnesses. Prosecutrix as well as other material witnesses have not

supported the case of the prosecution and turned hostile. Further argument is that as per the evidence of the prosecutrix, she was major at the time of incident. There is delay of almost one month in filing the FIR. The sample for DNA was collected after a month, therefore, the report is also suspicious because there is no evidence that the cloths which the prosecutrix was wearing at the time of incident were unwashed and preserved for almost one month and prosecutrix did not take bath. It is further argued that appellant has already Signature Not Verified Signed by: ALOK KUMAR Signing time: 10/19/2023 04:50:34 AM

served nine months of incarceration out of total jail sentence. Appellant was juvenile at the time of incident. This appeal is likely to take long time to conclude. Hence, prayer is made to suspend the jail sentence and grant of bail to the appellant.

Counsel for the State vehemently opposed the application and prayed for its rejection.

Heard learned counsel for the parties and perused the materials available on record.

Considering the arguments advanced by learned counsel for the parties, without commenting on merits of the case, I.A. No. 14198 of 2023 is hereby

allowed. Subject to depositing of fine amount, if not already deposited, and on furnishing personal bond of Rs.1,00,000/- (Rupees One Lakh only) with one solvent surety of the like amount to the satisfaction of the concerned trial Court, the remaining jail sentence of the appellant shall remain suspended and he be released on bail. He is further directed to mark his appearance before the Office of this Court on 18.12.2023 and on subsequent dates given by the Office in this regard, till final disposal of this appeal.

List the case for final hearing in due course. A copy of this order be sent to the concerned Court below for compliance.

Certified copy/ e-copy as per rules/directions.

(SUNITA YADAV) JUDGE

AKS

Signature Not Verified Signed by: ALOK KUMAR Signing time: 10/19/2023 04:50:34 AM