Atul Dubey vs The State Of Madhya Pradesh
2023 Latest Caselaw 14626 MP

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                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT GWALIOR
                                                       CRA No. 10776 of 2023
                                                (ATUL DUBEY Vs THE STATE OF MADHYA PRADESH)

                           Dated : 05-09-2023
                                 Mr. Pradeep Katare - Advocate for the appellant.

                                 Mr. Prabhat Pateriya - Dy. Public Prosecutor for respondent/ State.

Admit.

Heard on I.A. No.15626 of 2023, which is first application under Section 389(1) Cr.P.C. for suspension of sentence and grant of bail moved by appellant - Atul Dubey.

This Criminal Appeal assails the judgment dated 08.08.2023 passed by Special Judge (POCSO Act)/Ist District and Second Additional Judge to the Court of First Additional District and Sessions Judge, Ashoknagar, (M.P.) in SST No.51/2019, whereby appellant has been convicted and sentenced under Section 7/8 of POCSO Act to undergo rigorous imprisonment of three years with fine of Rs.1,000/-, with default stipulations.

Learned counsel for the appellant submits that the trial Court has wrongly convicted the appellant without appreciating the evidence available o n record. Entire prosecution story is highly suspicious and unnatural because

prosecutrix/(PW/1) in her statement at para 5 specifically admitted that there are not talking terms with present appellant-accused, in these conditions, as per her statement, appellant offered her ride on his Scooty and she agreed is highly unnatural and not possible. Evidence of parents of the prosecutrix also reveal that there was some dispute over the tank in front of their house and that is the reason to implicate the appellant in this false case. The factum of prosecutrix being minor at the time of incident is also suspicious as her father admitted in Signature Not Verified Signed by: LOKENDRA JAIN Signing time: 9/6/2023 9:55:35 AM

his statement that at the time of admission, his brother went with the prosecutrix to the school, however, except school marksheet, don't have any other document to indicate the date of birth of the prosecutrix. 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.15626 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 12.12.2023 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: 9/6/2023 9:55:35 AM