Sanju Dudbe vs The State Of Madhya Pradesh
2023 Latest Caselaw 15058 MP

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                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                     CRA No. 6167 of 2022
                                       (SANJU DUDBE Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                          Dated : 12-09-2023
                                Shri Madan Mohan Jaiswal - Advocate for appellant.

                                Shri Yogesh Dhande - Public Prosecutor for respondent/State.

Heard on I.A. No.17689 of 2022.

This is the first application for suspension of sentence and grant of bail filed on behalf of appellant/accused Sanju Dudbe, who has been convicted for

the offences under Sections 363, 366-A, 506-II, 344 of the IPC and section 5 read with 6 of the Protection of Children from Sexual Offences Act, 2012 and sentenced to R.I for 2 years with fine of Rs.500/-, R.I for 3 years with fine of Rs.500/-, R.I for 1 year with fine of Rs.500/-, R.I for 1 year with fine of Rs.500/- and R.I. for Life with fine of Rs.5000/- respectively, with default stipulations, vide judgment dated 17.06.2022 passed by the Special Judge (POCSO Act), Budni, District Sehore in Special Case No.51 of 2021.

The case of the prosecution is that on 06.06.2020 the victim and her parents were sleeping in their house and when her father got up at about 5 AM,

he did not find the victim in the house. He registered a case in Crime No.77 of 2020 for offence under Section 363 of the IPC. Seven to eight months thereafter, she was recovered. Her statement was recorded. She has narrated the entire incident that occurred and the offence committed by the accused. Thereafter, the case was registered against the accused and the charge-sheet was filed. On trial, the accused was convicted and sentenced as mentioned above. Hence, the instant application is filed seeking for suspension of sentence and bail.

Signature Not Verified Signed by: CHRISTOPHER PHILIP Signing time: 9/13/2023 1:08:39 PM

The material on record would indicate that the victim even though was minor had stayed with the accused for a period of almost 7 to 8 months. The medical report would indicate that she was pregnant for about 12 weeks. Even though she has stated in her evidence that she was forcibly kept under detention for 7 months at Satlapur, the same does not infuse confidence. The period of 7 to 8 months is a very long period, which requires to be considered at the stage of final hearing. For the present, we are of the view that the appellant is entitled to be enlarged on bail.

Consequently, I.A. No.17689 of 2022 is allowed. Subject to deposit of fine amounts, the remaining jail sentence of the appellant shall remain suspended

and appellant/accused Sanju Dudbe is directed to be enlarged on bail on he 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 28.11.2023 and thereafter on such other subsequent dates as may be fixed in that behalf.

                               (RAVI MALIMATH)                                         (VISHAL MISHRA)
                                 CHIEF JUSTICE                                              JUDGE

                          C




Signature Not Verified
Signed by: CHRISTOPHER
PHILIP
Signing time: 9/13/2023
1:08:39 PM