Lala Kevat vs The State Of Madhya Pradesh
2023 Latest Caselaw 15276 MP

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                                          IN THE HIGH COURT OF MADHYA PRADESH
                                                       AT GWALIOR
                                                      CRA No. 1657 of 2023
                                              (LALA KEVAT Vs THE STATE OF MADHYA PRADESH)

                          Dated : 15-09-2023
                                 Shri Sunil Kumar Soni, learned counsel for the appellant.

                                 Shri Nitin Goyal, Public Prosecutor for the respondent/State.

I.A. No. 14528 of 2023, application for change in counsel, is taken up, considered and allowed.

Heard on I.A. No. 16895 of 2023, which is application under Section 389(1) Cr.P.C. for suspension of sentence and grant of bail filed by the

appellant.

This Criminal Appeal assails the judgment dated 17.01.2023 passed by Special Judge (POCSO Act) District Shivpuri in Special Session Trial No.126/2021, whereby appellant has been convicted under Sections 450 of IPC and has been sentenced to undergo rigorous imprisonment of 3 years with fine of Rs.1000/- and section 4 of POCSO Act and has been sentenced to undergo rigorous imprisonment of 10 years with fine of Rs.2,000/-, with default stipulations.

Learned counsel for the appellant submits that the trial Court has wrongly

been convicted the appellant without proper appreciation of facts of the case as well as evidence available on record. He has further submitted that the prosecutrix as well as her parents have not supported the prosecution case and turned hostile. The report was lodged on account of land dispute and the prosecutrix (PW-1) in her statement at para-11 has specifically stated that on account of land dispute her family and family of accused persons are not in talking terms and on account of that dispute her father lodged the report by Signature Not Verified Signed by: MOHD AHMAD Signing time: 15-Sep-23 6:37:01 PM

using her. In these circumstances so also in the light of the fact that the appellant has suffered almost 2 and half years of incarceration out o f total jail sentence of 10 years. The appeal is likely to take long time to conclude. Hence, he prayed to suspend the jail sentence and grant of bail to 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. 16895 of 2023, is hereby

allowed subject to depositing of fine amount, if not already deposited, and on furnishing personal bond in the sum of Rs.25,000/- (Rupees Twenty five thousand only) with a 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. The appellant is further directed to mark his appearance before the Office of this Court on 20/12/2023 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.

Signature Not Verified Signed by: MOHD AHMAD Signing time: 15-Sep-23 6:37:01 PM

(SUNITA YADAV) JUDGE Ahmad

Signature Not Verified Signed by: MOHD AHMAD Signing time: 15-Sep-23 6:37:01 PM