Ayush @ Hariom Sharma vs The State Of Madhya Pradesh
2023 Latest Caselaw 17935 MP

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT GWALIOR
                                                       CRA No. 11480 of 2023
                                    (AYUSH @ HARIOM SHARMA Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                           Dated : 27-10-2023
                                 Mr. Ram Kishor Sharma - Advocate for the appellant.

                                 Mr. Dheeraj Kumar Budholiya - Panel Lawyer for respondent/ State.

Heard on I.A.No.17769 of 2023, which is first application under Section 389 (1) Cr.P.C. for suspension of sentence and grant of bail moved by sole appellant.

This Criminal Appeal assails the judgment dated 17.08.2023 passed by

Special Judge (POCSO Act), District Bhind (M.P.) in ST No.62/2021 whereby, appellant has been convicted and sentenced under Sections 363, 366 and 376(1) IPC r/w. Section 4 of POCSO Act to undergo rigorous imprisonment of five years with fine of Rs.5,000/-, five years with fine of Rs.5,000/- and ten years with fine of Rs.5,000/- respectively 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. It is further submitted that prosecutrix was confronted with her earlier statement recorded under Section 164 of Cr.P.C. in which she has specifically mentioned

that she left her house on her own volition and went with the appellant at Vrindavan. Prosecutrix got married with present appellant/accused at Vrindavan and lived with him as husband and wife. Prosecution has failed to file any certificate in respect to age of the prosecutrix. It is further submitted that the appellant has already served incarceration more than two years out of total jail awarded. The present criminal appeal is likely to take long time to conclude. Hence, prayed to suspend the jail sentence and grant of bail to the appellant. Signature Not Verified Signed by: LOKENDRA JAIN Signing time: 10/27/2023 6:03:58 PM

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.17769 of 2023 is hereby allowed. Subject to depositing of fine amount, if not already deposited, and on furnishing personal bond of Rs.25,000/- (Rupees Twenty Five Thousand 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 21.12.2023 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

(LJ*)

Signature Not Verified Signed by: LOKENDRA JAIN Signing time: 10/27/2023 6:03:58 PM