Madhya Pradesh High Court
Nikhil Patel vs The State Of Madhya Pradesh on 5 August, 2024
Author: Vivek Agarwal
Bench: Vivek Agarwal
1 CRA-5954-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 5954 of 2024
(NIKHIL PATEL Vs THE STATE OF MADHYA PRADESH AND OTHERS )
Dated : 05-08-2024
Shri Janak Lal Soni - Advocate for the appellant.
Shri Ajay Shukla - Public Prosecutor for the respondent No.1-State.
Shri Kuldeep Patel - Advocate for the respondent No.2.
Heard on I.A. No.11903/2024, an application under Section 389(1) of
the Cr.P.C. for suspension of sentence and grant of bail to appellant Nikhil
Patel.
The appellant is aggrieved of the judgment dated 30.04.2024 passed by
the learned Third Additional Sessions Judge/Special Judge (Protection of
Children from Sexual Offences Act, 2012), Sagar in Special Case
No.115/2022, whereby the appellant stands convicted for the offence under
Sections 5L/6 of Protection of Children from Sexual Offences Act, 2012 and
sentenced to undergo Rigorous imprisonment for 20 years and fine of
Rs.5,000/- with default stipulation of Rigorous imprisonment for 2 years.
It is submitted by Shri Janak Lal Soni, learned counsel for the
appellant that the appellant is innocent. Prosecutrix has turned hostile. PW-3
Headmaster could not prove the age of the prosecutrix. As per evidence of
PW-1 mother of the prosecutrix and PW-2 Prosecutrix herself, prosecutrix
was more than 18 years of age when she had gone with the present appellant.
It is informed that both the prosecutrix and the appellant are living together
as husband and wife. It is further submitted that the appeal will take
2 CRA-5954-2024
considerable time for its disposal. Hence, prayer is made to suspend the
remaining jail sentence of the appellant and to release him on bail.
Shri Kuldeep Singh, learned counsel for the respondent No.2 has no
objection to the aforesaid prayer.
Shri Ajay Shukla, learned Public Prosecutor for the respondent-State,
in his turn, opposes the prayer for suspension of sentence and grant of bail.
He submits that since the prosecutrix was minor and her date of birth has
come on record as 07.02.2006, she was about 16 years and 4 months of age
at the time of the incident, therefore, no indulgence is called for.
After hearing learned counsel for the parties and going through the
record, so also in view of the evidence of PW-3 and PW-1, without
commenting on the merits of the case, we are of the considered opinion that
this is a fit case to suspend the remaining jail sentence of the appellant and to
release him on bail. I.A.No.11903/2024 is accordingly allowed.
It is directed that on depositing the fine amount, if not already
deposited and on furnishing a personal bond to the tune of Rs.50,000/-
(Rupees Fifty Thousand Only) with two solvent sureties each of the like
amount to the satisfaction of the Trial Court for his appearance before the
Trial Court on 20.12.2024 and such other dates as may be fixed by the Trial
Court, which shall not be more than 2 times in a year, the execution of
remaining part of the jail sentence imposed upon appellant Nikhil Patel shall
remain suspended and he shall be released on bail till final disposal of this
appeal.
I.A.No.11903/2024 is allowed & disposed of.
3 CRA-5954-2024
Let paper book be prepared and this case be listed for final hearing in
Part-B of the cause list as per its turn and seniority.
Certified copy as per rules.
(VIVEK AGARWAL) (AVANINDRA KUMAR SINGH)
JUDGE JUDGE
pp
