Madhya Pradesh High Court
Anil vs The State Of Madhya Pradesh on 6 August, 2024
1 CRA-3542-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
CRA No. 3542 of 2024
(ANIL Vs THE STATE OF MADHYA PRADESH AND OTHERS )
Dated : 06-08-2024
Shri Anopam Chouhan - Advocate for appellant.
Shri Ajay Raj Gupta - Panel Lawyer for the respondent / State.
Shri Ayush Agrawal - Advocate for objector.
Heard on the question of admission.
Matter is admitted for final hearing.
Also heard on I.A.No.4405/2024, first application under Section
389(1) of Cr.P.C. for suspension of remaining jail sentence and grant of bail
on behalf to appellant Anil S/o Lalaram arising out of judgment dated
04/03/2024 delivered in Special Case No.30/2022 passed by Sessions Judge
(POCSO), Dharampuri, District Dhar (M.P.).
The appellant stands convicted under Section 463 of Indian Penal
Code, 1860 and Section 3-A/4 of Protection of Children from Sexual
Offences Act, 2012 and sentenced to undergo 05 years RI with fine of
Rs.1,000/- and 10 years RI with fine of Rs.2,000/- respectively with usual
default stipulation.
Learned counsel for the appellant while taking this Court to the
prosecution story submits that victim on the date of incident was aged about
17 years 04 months and 11 days. Appellant is an innocent and he has been
falsely implicated in this matter. Trial Court has not appreciated the evidence
in its right perspective. DNA report has not been obtained and FSL report is
2 CRA-3542-2024
negative. Learned counsel further invited attention of this Court towards para
7 of the statement of the prosecutrix and statement of Doctor (PW-6) and
submits that appellant has fair chances of success in appeal. He also raises
doubt on the age of the prosecutrix as determined by the trial Court. There
are material contradictions and omissions in the statement of the witnesses.
Impugned judgment suffers from surmises and conjectures. It is further
submitted that the appeal being of the year 2024 is not likely to be heard
finally in near future. There is a strong case in favour of the appellant.
Hence, under such circumstances prayer is made for suspension of jail
sentence and grant of bail.
Per contra, learned counsel for the objector vehemently opposed the
application and submitted that rape has been committed on a minor victim
and ample evidence is available to support the prosecution case. After due
appreciation of evidence, the judgment of conviction has been rendered. On
these grounds, he pray for dismissal of the application.
Learned Public Prosecutor, appearing on behalf of the
respondent/State, while supporting the judgment impugned submits that no
exception can be taken in the matter of suspension of sentence and grant of
bail, regard being had to the nature and the gravity of offence found proved
against the present appellant.
Heard learned counsel for the parties and perused the record.
Considering the aforesaid factual backdrop, all the facts and
circumstances of the case coupled with the fact that possibility of final
hearing of this appeal in near future is bleak, without expressing any
3 CRA-3542-2024
conclusive opinion on merits, I find it to be a fit case to suspend the
remaining custodial sentence of the appellant.
Accordingly, I.A.No.4405/2024 is allowed. S ubject to deposit of fine
amount, if not already deposited the remaining jail sentence during the
pendency of the appeal is hereby suspended and it is directed that appellant
be released on bail on his furnishing personal bond in sum of Rs.50,000/-
(Rupees Fifty Thousand Only) with one solvent surety in the like amount to
the satisfaction of learned trial Court for his appearance before the Registry
of this Court on 11/09/2024 and on all such subsequent dates, which are
fixed in this regard.
Accordingly, the said IA is disposed off.
I.A.No.9899/2024 filed for urgent hearing during vacation also stands
disposed off.
Registry is directed to list the matter for final hearing in due course.
Certified copy as per rules.
(BINOD KUMAR DWIVEDI)
JUDGE
Tej
