Jitendra vs The State Of Madhya Pradesh
2023 Latest Caselaw 18163 MP

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT INDORE
                                                       CRA No. 1178 of 2019
                                                (JITENDRA Vs THE STATE OF MADHYA PRADESH)

                          Dated : 31-10-2023
                                Shri Anopam Chouhan - Advocate for appellant.

                                Shri Mukesh Sharma - Govt. Advocate for the respondent/State.

Heard on I.A.No.14610/2023, which is third application under Section 389(1) of Cr.P.C. for grant of bail and suspension of remaining jail sentence on behalf of the appellant Jitendra.

Appellant stands convicted vide judgment dated 29/11/2018 passed in SC No.500055/2016 by Special Judge, (Protection of Children from Sexual Offences Act, 2012), Badnawar, District Dhar (M.P.) under Sections 363 and 366 of Indian Penal Code, 1860 and Section 6-L of Protection of Children from Sexual Offences Act, 2012 and has been sentenced to undergo 07 years RI with fine of Rs.1,000/-, 07 years RI with fine of Rs.1,000/- and 10 years RI with fine of Rs.5,000/- respectively with usual default stipulation.

Learned counsel for the appellant submits that appellant is an innocent person and he has been falsely implicated in this matter. He is languishing in jail

for more than 05 years and 10 months, which is more than 50% of the total jail sentence awarded to the appellant. Appellant is not having any criminal past. At the time of incident, appellant was a young boy of 19 years of age. There are material contradictions and omissions in the statement of the witnesses. Looking to old pendency of the cases for consideration, final conclusion of this appeal would take sufficient long time. There is a strong case in favour of the appellant. Hence, the execution of the remaining part of the jail sentence of the appellant be suspended till the final disposal of this appeal. Signature Not Verified Signed by: TEJPRAKASH VYAS Signing time: 11/1/2023 11:02:25 AM

Per contra, learned counsel for the respondent / State opposes the application for suspension of sentence and prays for its rejection by submitting that the trial Court after due consideration of the evidence available on record, convicted the appellant. Hence, he is not entitled to grant benefit of suspension of sentence.

Considering all the facts and circumstances of the case, nature of the allegation levelled against the appellant and also taking note of the fact that appellant has suffered jail incarceration for more 50% of the total awarded jail sentence; appellant is a young boy having no criminal past; prosecutrix (PW-1) lived with the appellant for more than 20 days and final conclusion of the appeal

will also take sufficient long time. In view of the aforesaid facts and circumstances of the case, I deem it proper to suspend the remaining custodial sentence of the appellant.

Accordingly, I.A.No.14610/2023 is allowed and it is directed subject to deposit of fine amount, if not already deposited, and subject to furnishing personal bond by the appellant in the sum of Rs.75,000/- (Rupees Seventy Five Thousand Only) with one solvent surety in the like amount to the satisfaction of learned trial Court, the execution of remaining custodial part of the sentence of the appellant shall remain suspended, till final disposal of this appeal.

The appellant after being enlarged on bail shall mark his presence before the Registry of this Court on 22/01/2024 and on all such subsequent dates, which are fixed in this behalf.

Certified copy as per rules.

(ANIL VERMA) JUDGE Signature Not Verified Signed by: TEJPRAKASH VYAS Signing time: 11/1/2023 11:02:25 AM

Tej

Signature Not Verified Signed by: TEJPRAKASH VYAS Signing time: 11/1/2023 11:02:25 AM