Madhya Pradesh High Court
Sunil Singh Gond vs The State Of Madhya Pradesh on 30 October, 2023
Author: Chief Justice
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 8669 of 2023
(SUNIL SINGH GOND Vs THE STATE OF MADHYA PRADESH AND OTHERS)
Dated : 30-10-2023
Shri Vivek Shukla - Advocate for accused/appellant.
Shri Pramod Thakre - Public Prosecutor for respondent/State.
Heard on I.A. No.16137 of 2023.
2. This is the first application for seeking suspension of sentence and grant of
bail filed on behalf of accused-appellant who has been convicted under Section
366 of IPC and Section 5l read with 6 of the Protection of Children from Sexual
Offences Act, 2012 and sentenced to undergo R.I. for 5 years and 20 years and
to pay a fine of Rs.1000/- and Rs.10,000/- respectively with default stipulations
as mentioned in the impugned judgment dated 31.05.2023 passed by the Special
Judge (under the POCSO Act) District Sidhi in S.T. No.150 of 2021.
3. The case of the prosecution is that on 02.10.2021 the accused had
kidnapped a minor girl from the lawful guardianship of her parents and took her
to various places and committed repeated sexual assault on her. Based on the
information, an FIR (Ex.P/1) being Crime No.664 of 2021 was lodged against
the accused for the offences under Sections 363, 366, 376(2)(n) of IPC and
Section 3 read with 4 of the POCSO Act at Police Station Jamodi District
Sidhi. Investigation was taken up. Thereafter, statement of the victim under
Section 164 of CrPC was recorded. She was examined medically. After due
investigation, charge sheet was filed. Trial was conducted. After trial, the
accused has been convicted and sentenced as indicated hereinabove.
Questioning the same, the instant appeal has been filed.
4. The application for suspension of sentence and bail has been filed on the
Signature Not Verified
Signed by: VINOD
VISHWAKARMA
Signing time: 11/1/2023
7:02:14 PM
ground that the accused was granted bail during trial and he has never misused
the liberty granted to him. Thereafter, when the judgment of impugned
conviction was passed, the accused was taken into custody. It is argued that the
present case is of consent. The victim has gone with the accused on her own
volition. She was in relation with the accused and they remained together for
some time and when she was recovered, the matter was reported to the police
authorities to the effect that they have travelled at various places but she has
never raised any hue and cry against the alleged act of the accused. The
accused is ready to abide by all terms and conditions that may be imposed by
this Court while considering his application. On these grounds, he prays for
grant of suspension of sentence and bail.
5. Per contra, State counsel has vehemently opposed the application stating
that the victim was minor at the time of commission of the offence, though he
could not dispute the fact that she has roamed with the accused without raising
any hue and cry and it is only thereafter when she was recovered, the matter
was reported to the police authorities in terms of Ex.P/1.
6. Considering the overall facts and circumstances of the case but without
commenting upon the merits, we deem it just and necessary to enlarge the
appellant on bail. Consequently, I.A. No.16137 of 2023 is allowed.
7. Appellant - Sunil Singh Gond is directed to be enlarged on bail, if he is not
required in any other offence, subject to he depositing the fine amount and on
furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand
only) with one solvent surety of the like amount to the satisfaction of the trial
Court for his appearance before the trial Court/concerned Court on 18.01.2024
and thereafter on such other subsequent dates as may be fixed in that behalf.
Signature Not Verified
Signed by: VINOD
VISHWAKARMA
Signing time: 11/1/2023
7:02:14 PM
(RAVI MALIMATH) (VISHAL MISHRA)
CHIEF JUSTICE JUDGE
vinod
Signature Not Verified
Signed by: VINOD
VISHWAKARMA
Signing time: 11/1/2023
7:02:14 PM
