Satish vs The State Of Madhya Pradesh
2023 Latest Caselaw 14957 MP

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                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT GWALIOR
                                                      CRA No. 9973 of 2022
                                                (SATISH Vs THE STATE OF MADHYA PRADESH)

                          Dated : 11-09-2023
                                Shri Rajkumar Gatwar - Advocate for the appellant.

                                Shri A.P.S. Tomar - Public Prosecutor for the respondent/State.

Heard on I.A.No.13943/2023, fourth application for suspension of sentence on behalf of appellant.

2. Appellant's first and second applications filed under Section 389 (1) of Cr.P.C. were dismissed as withdrawn vide orders dated 15.11.2022 and

6.2.2023 respectively. While appellant's third application was dismissed as infructuous vide order dated 21.6.2023.

3. The trial Court has convicted the appellant under Section 9/10 of the POCSO Act and sentenced to undergo five years' RI with fine of Rs.3000/-, with default stipulation, vide judgment of conviction and order of sentence dated 13.10.2022 passed by Special Judge POCSO, District Shivpuri in Special Case No.SC/31/2022.

4. Learned counsel for the appellant submits that appellant's first and second applications filed under Section 389 (1) of Cr.P.C. were dismissed as

withdrawn vide orders dated 15.11.2022 and 6.2.2023 respectively while appellant's third application was dismissed as infructuous vide order dated 21.6.2023 and none of them were decided on merits. He submits that it has been alleged against the appellant that he sexually assaulted the complainant's minor daughter aged about 5 years but complainant's minor daughter (PW-1) has not stated so. It is apparent from the statement of the complainant that prior to the incident, the appellant had lodged an FIR against her husband's nephew Signature Not Verified Signed by: ALOK KUMAR Signing time: 11-Sep-23 5:28:06 PM

Veeru and Parmal, therefore, only to pressurize him to compromise in the matter, this false and fabricated case has made against him. Appellant is a young boy aged about 21 years. He has suffered till now about 18 months incarceration out of sentence awarded to him. There is no likelihood of hearing of appeal in near future, therefore considering the nature of allegations alleged against him so also the period of custody, learned counsel for the appellant prays for suspension of remaining jail sentence and grant of the bail to the appellant.

5. Learned counsel for the respondent/State has opposed the prayer.

6. Heard learned counsel for both the parties and perused the record.

7. Having considered the rival submissions, statement of the complainant and her minor daughter prosecutrix (PW-1) so also the nature of allegations alleged against him, over all material produced on record and there is no likelihood of hearing of this appeal in near future, but without expressing any opinion on merits of the case, the application is allowed and jail sentence of the appellant shall remain suspended.

8. It is directed that subject to depositing the fine amount, if already not deposited, appellant shall be released on bail on furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) along with separate solvent surety in the like amount to the satisfaction of trial Court, for his appearance before the Registry of this Court firstly on 06.11.2023, and on such other dates, as may be fixed by the Registry in this regard, till final disposal of this appeal.

C.C. as per rules.

(SATYENDRA KUMAR SINGH) Signature Not Verified Signed by: ALOK KUMAR Signing time: 11-Sep-23 5:28:06 PM

JUDGE (alok)

Signature Not Verified Signed by: ALOK KUMAR Signing time: 11-Sep-23 5:28:06 PM