Madhya Pradesh High Court
Komal Prasad Mahra 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. 11934 of 2023
(KOMAL PRASAD MAHRA Vs THE STATE OF MADHYA PRADESH)
Dated : 02-02-2024
Shri Siddharth Datt - Advocate for the appellant.
Shri Yogesh Dhande - Government Advocate for the respondent-State of
M.P.
Shri Bhupendra Mishra -Advocate with the objector, present in the
Court.
Heard on I.A. No.1465 of 2024 application under Section 389(1) of the
Cr.P.C for suspension of sentence and grant of bail to appellant -Komal Prasad
Mahra aris ing out of judgment dated 4th September 2023 delivered in
SC/34/2019 by Special Judge, Protection of Children from Sexual Offences
Act, Anuppur, M.P.
The appellant has been convicted and sentenced for the offence
punishable under Sections 363, 366 of IPC and sentenced to undergo R.I. for
five years with fine of Rs.1000/-, under Section 342 of IPC to undergo R.I. for
one year with fine of Rs.1000/-, under Section 376 (2) (n) of IPC and under
Section 5 (L)/6 of Protection of Children from Sexual Offences Act to undergo
R.I. for twenty years with fine of Rs.5000/- and under Section 313 of IPC to
undergo R.I. for ten years with fine of Rs.2000/- with default stipulation.
Learned counsel for the appellant submits that Court below has erred in
determining the age of the prosecutrix. The prosecutrix and the appellant have
solemnized marriage on their own volition. Marriage certificate, photographs of
marriage, voter I.D. and other documents are filed to show the factum of
marriage. In addition, it is argued that prosecutrix is residing in her matrimonial
house. Final hearing of this appeal is not possible in near future. Thus,
remaining jail sentence of appellant may be suspended.
The prayer is opposed by learned Govenrment Counsel on the basis of
objection.
Learned counsel for the objector supported the prayer and submits that
upon receiving the instructions, it deserves to be recorded that the victim is
residing with the family of appellant and she has no objection if sentence is
suspended. Response in this line has also been filed as I.A. No.2698 of 2024.
Considering the the factual backdrop and bleak chances of final hearing
in near future, 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.1465 of 2024 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 - Komal Prasad Mahra 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, Anuppur on 1st April
2024 and also on such other dates as may be fixed by the trial Court in this
regard during the pendency of this appeal.
I.A. No.2698 of 2024 stands disposed of.
Certified copy as per Rules.
(SUJOY PAUL) (VIVEK JAIN)
JUDGE JUDGE
bks
