Vinay @ Bittu vs The State Of Madhya Pradesh
2024 Latest Caselaw 4698 MP

Madhya Pradesh High Court

Vinay @ Bittu vs The State Of Madhya Pradesh on 17 February, 2024

Author: Sanjeev S Kalgaonkar

Bench: Sanjeev S Kalgaonkar

                                                               1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT GWALIOR
                                                      CRA No. 13680 of 2023
                                              (VINAY @ BITTU Vs THE STATE OF MADHYA PRADESH)

                           Dated : 17-02-2024
                                 Shri Avadhesh Parashar- Advocate for the appellant.

                                 Shri V.P.S. Tomar- Public Prosecutor for respondent/State.

Shri Ankush Jain- Advocate for the complainant.

Heard on the question of admission.

Being arguable, the appeal is admitted for final hearing. Also heard on IA No.19989/2023, first application under Section 389(1)

Cr. P.C. moved on behalf of the appellant- Vinay @ Bittu seeking suspension of sentence and grant of bail.

Appellant stands convicted under Section 366 of IPC, Section 8 of POCSO Act and Section 354 of IPC and sentenced to undergo five years' RI and four years' RI with fine of Rs.5,000/- and Rs.5000/- respectively with default stipulation vide judgment of conviction and sentence dated 16.10.2023 passed by Special Judge (POCSO Act), District Bhind in Session Trial No109/2022.

Learned Counsel for the appellant submits that learned Trial Court has

committed an error in determination of age of the victim. Victim was major at the time of incident. There are material contractions and omissions in the evidence of witnesses. Appellant is aged around 18 years. It was a case of consensual relationship between two young persons. Prosecutrix has made allegation against the applicant under the pressure of her family after they were intercepted by the police. Learned counsel further referring to compromise between the parties submits that both the parties have married. The appellant

was on bail during trial and he did not misuse the liberty so granted to him. Fine amount has already been deposited by the appellant. There is no likelihood of hearing of appeal in near future. On these grounds, learned Counsel prays that execution of remaining jail sentence of appellant may be suspended and he may be enlarged on bail.

Per contra, learned Counsel for respondent State opposed the application and prayed for its rejection.

Upon hearing learned Counsel for the parties but without commenting upon rival contentions touching merits of the case, this Court is of the view that application deserves to be allowed. It is, accordingly directed that execution of

remaining jail sentence of appellant shall remain suspended during pendency of this appeal and he shall be enlarged on bail subject to furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of Trial Court and also subject to deposit of the fine amount (if not already deposited) for his appearance before the Registry of this Court on 01.04.2024 and on further dates as may be directed by the Registry in that regard.

Accordingly, I.A. No.19989/2023 stands allowed and disposed of. List for final hearing in due course.

Certified copy as per rules.

(SANJEEV S KALGAONKAR) JUDGE

Avi