Lokesh vs The State Of Madhya Pradesh
2024 Latest Caselaw 3919 MP

Madhya Pradesh High Court

Lokesh vs The State Of Madhya Pradesh on 9 February, 2024

Author: Sushrut Arvind Dharmadhikari

Bench: Sushrut Arvind Dharmadhikari

                                                               1
                               HIGH COURT OF MADHYA PRADESH AT INDORE
                                       CRIMINAL APPEAL NO.9949 OF 2023
                                          (Lokesh vs The State of Madhya Pradesh)


                         Indore, Dated 09.02.2024
                              Mr. Manish Yadav, counsel for the appellant.
                              Mr. Kamal Tiwari, counsel for the respondent/State.

_____________________________________________________ Heard on IA No.17468/2023 which is first application under Section 389 of Criminal Procedure Code, 1973, filed on behalf of sole appellant - Lokesh S/o Shri Ramesh Soni who has been convicted by learned Special Judge, POCSO Act, 2012, Mandleshwar, Paschim Nimad, District-Khargone (MP) in SC ATR No.82/2018 vide judgment dated 08.06.2022 and has been sentenced him as under:-

                                         Conviction                             Sentence
                               Section & Act    Imprisonment        Fine          Imprisonment in
                                                                   Amount           lieu of fine
                                376 (D) IPC         Life           Rs.5,000/-       One year RI
                                                Imprisonment
                                 3(2)(V) of         Life           Rs.5,000/-       One year RI
                                SC/ST (PA)      Imprisonment
                                Act, 1989.
                                3(1)(w)(i) of    01 year RI         Rs.50/-        One month RI
                                SC/ST (PA)
                                 Act, 1989.


                         (2)    Counsel for the appellant submits that appellant is innocent

and has been falsely implicated in the aforesaid offence. He

HIGH COURT OF MADHYA PRADESH AT INDORE CRIMINAL APPEAL NO.9949 OF 2023 (Lokesh vs The State of Madhya Pradesh)

submits that in 161 Cr.PC statement, PW/1 has not stated anything against the present appellant and PW/1 improves his version in 164 Cr.PC statement and Court statement. The FSL and DNA report also not supports the prosecution story. The final disposal of this appeal is likely to take sufficient long time. Hence prays for suspension of sentence and grant of bail to the appellant. (3) Per contra, counsel for the respondent/State has opposed the application and prays for its rejection. (4) Having considered the facts and circumstances of the case as well as the evidence of prosecution witnesses and the medical evidence of prosecutrix, it is a fit case for grant of suspension to the appellant. Accordingly, application IA No.17468/2023 is allowed.

(5) It is directed that substantive jail sentence of appellant - Lokesh S/o Shri Ramesh Soni shall be suspended subject to his depositing the fine amount (if not already deposited) and on furnishing a personal bond in the sum of Rs.50,000/-(Rupees Fifty Thousand) with one solvent surety of like amount to the satisfaction of concerned trial Court for his appearance on 15.04.2024 and on all other subsequent dates as may be fixed by

HIGH COURT OF MADHYA PRADESH AT INDORE CRIMINAL APPEAL NO.9949 OF 2023 (Lokesh vs The State of Madhya Pradesh)

the Court concerned in this behalf. Accordingly, application IA No.17468/2023 stands disposed of.

(6) As this appeal is already an admitted appeal and record has been received, hence list the appeal for final hearing in due course.

                                  (7)     Certified copy, as per Rules.




                                        (S.A. DHARMADHIKARI)                                (HIRDESH)
                                              JUDGE                                          JUDGE

                         Arun/-