Dhannu @ Dhanraj Singh vs The State Of Madhya Pradesh
2023 Latest Caselaw 15363 MP

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                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT GWALIOR
                                                       CRA No. 8586 of 2023
                                         (DHANNU @ DHANRAJ SINGH Vs THE STATE OF MADHYA PRADESH)

                           Dated : 19-09-2023
                                  Mr. Ravi Rahul - Advocate for the appellant.

                                  Mr. Dheeraj Kumar Budholiya - Panel Lawyer for respondent/ State.

Heard on I.A. No. 12257 of 2023, an application for condonation of delay in filing appeal.

The application is duly supported by an affidavit. Counsel for the appellant submitted that counsel for the appellant has

wrongly informed him that he has been acquitted in this case, therefore, he could not file present appeal within time, hence, it deserves to be condoned.

In view of aforesaid, application is allowed. Also heard on I.A. No. 12198 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 09.09.2022 passed by 3rd Additional Sessions Judge/Additional Special Judge (POCSO Act) District Vidisha in SC No. 141 of 2020, whereby appellant has been convicted under

Section 506 of IPC and Section 7/8 of POCSO Act and has been sentenced to undergo rigorous imprisonment of 6 months and three years with fine of Rs.200/- and Rs.1,000/- respectively, 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 further submits that there are material contradiction and omission in the evidence of prosecutrix/PW/1 and Signature Not Verified Signed by: LOKENDRA JAIN Signing time: 9/19/2023 5:26:22 PM

Mansaram/PW-4 (father of the prosecutrix) about the incident. Further submission is that prosecutrix in her cross-examination at para 6 specifically stated that appellant is having enmity with villagers and on account of which she has lodged the complaint against the present appellant. In these circumstances so also in the light of the fact that the appellant has suffered almost 6 months of incarceration out o f total jail sentence of 3 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. 12198 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: LOKENDRA JAIN Signing time: 9/19/2023 5:26:22 PM

(SUNITA YADAV) JUDGE

(LJ*)

Signature Not Verified Signed by: LOKENDRA JAIN Signing time: 9/19/2023 5:26:22 PM