Rajkumar Pandey @Sonu vs The State Of Madhya Pradesh
2024 Latest Caselaw 3173 MP

Madhya Pradesh High Court

Rajkumar Pandey @Sonu vs The State Of Madhya Pradesh on 2 February, 2024

Author: Sujoy Paul

Bench: Sujoy Paul

                                                              1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                      CRA No. 3329 of 2023
                                        (RAJKUMAR PANDEY @SONU Vs THE STATE OF MADHYA PRADESH)

                          Dated : 02-02-2024
                                Shri Vijay Singh Baghel - Advocate for the appellant- Rajkumar

                          Pandey @ Sonu.
                                Shri Anubhav Jain - Govt. Advocate for the respondent / State.

Shri Shiv Sahai Singh - Advocate for the objector.

Heard on I.A. No.28172 of 2023, an application under Section 389(1)

o f the Cr.P.C for suspension of sentence and grant of bail to appellant - Rajkumar Pandey @ Sonu arising out of judgment dated 29.12.2022 delivered in Special Case No. 55/2020 passed by Third Additional Sessions Judge / Special Judge, POCSO Act, Devsar, Distt. Singrauli.

The appellant has been convicted under Section 376(2)(i) of the I.P.C. and sentenced to undergo R.I. for 15 years with fine of Rs.5,000/- and under Section 5(j)(ii) r/w Section 6 of POCSO Act sentenced to undergo R.I. for 15 years with fine of Rs. 5,000/- with default stipulations.

Learned counsel for the appellant submits that even as per the age

determined by the Court below victim is now major and appellant and victim want to solemnize marriage and live together. The final hearing of this appeal is not possible in near future. The continuous incarceration of appellant will cause more harm than good. Thus, the remaining jail sentence of appellant may be suspended.

Prayer is opposed by learned G.A. on the basis of objection. Learned counsel for the objector categorically submits that objector has no objection. Indeed, she also wants to solemnize marriage and live with the

appellant.

Considering the aforesaid aspect and without expressing any conclusive opinion on the merits of the case, we deem it proper to suspend the remaining jail sentence of this appellant.

Accordingly, I.A. No.28172 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 the appellant- Rajkumar Pandey @ Sonu be released on bail on his furnishing a personal bond for a sum of Rs.30,000/- (Rupees Thirty Thousand only) with one solvent surety of the like amount to the satisfaction

of the trial Court with a further direction to appear before the trial Court Devsar, Distt. Singrauli on 01.04.2024 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.

                             (SUJOY PAUL)                                                   (VIVEK JAIN)
                                JUDGE                                                          JUDGE

                          sarathe