Madhya Pradesh High Court
Gopal Mahobia vs The State Of Madhya Pradesh on 1 August, 2024
Author: Vivek Agarwal
Bench: Vivek Agarwal
1 CRA-5100-2022
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 5100 of 2022
(GOPAL MAHOBIA Vs THE STATE OF MADHYA PRADESH )
Dated : 01-08-2024
Shri Mallikarjun Khare - Advocate for the appellant.
Shri Ajay Shukla - Government Advocate for the State of M.P.
Heard on I.A. No.19408 of 2023, which is first application under Section
389(1) of the Cr.P.C, for suspension of sentence and grant of bail to appellant
arising out of judgment dated 5.4.2022 delivered in Special Case No.99 of 2020
by Special Judge, (Protection of Children from Sexual Offences Act, 2012) and
27th Additional Sessions Judge, Jabalpur (M.P.).
The appellant has been convicted and sentenced for the offence punishable
under Section 5 (M) r/w Section 6 of the Protection of Children from Sexual
Offences Act, 2012 and sentenced to undergo R.I. for twenty years with fine of
Rs.10000/- with default stipulations.
Learned counsel for the appellant submits that he has been falsely
implicated on account of rivalry with PW-3. It is pointed out that conduct of PW-
3 is unnatural. She did not narrate the story of sexually exploitation to her mother
on the same day, whereas, they are residing in the same locality. PW-3 has
admitted that she narrated the story on the next day at 10 am. Evidence of PW-5
Doctor is also not supporting the prosecution story. No injury or struggle marks
were seen on the private part of the prosecutrix. Thus, it is submitted that it is a fit
case for suspension of remaining jail sentence.
Shri Ajay Shukla, learned Public Prosecutor opposes the prayer for
suspension of remaining jail sentence. It is submitted that the prosecutrix has
2 CRA-5100-2022
stated everything in black and while. Thus, no indulgence is required.
Learned counsel for the appellant submits that there is no evidence of
prosecutrix being tutored which can be read between the lines. Thus, considering
the period of custody and bleak chances of final hearing in near future, the
remaining jail sentence of appellant may be suspended.
Considering the aforesaid and without expressing any conclusive opinion
on the merits of the case, we deem it proper to suspend the remaining jail sentence
of appellant.
Accordingly, I.A. No.19408 of 2023 is allowed.
Subject to depositing the fine amount (if not already deposited), the
remaining jail sentence of this appellant is hereby suspended and it is directed
that appellant be released on bail on his furnishing a personal bond for a sum of
Rs.50,000/- (Rupees Fifty Thousand only) alongwith two solvent sureties of the
like amount to the satisfaction of the trial Court with a further direction to appear
before the trial Court, Jabalpur District Jabalpur on 20.12.2024 and also on such
other dates as may be fixed by the trial Court in this regard during the pendency of
this appeal.
Certified copy as per Rules.
(VIVEK AGARWAL) (AVANINDRA KUMAR SINGH)
JUDGE JUDGE
bks
