Ranjeet Narvariya vs The State Of Madhya Pradesh
2024 Latest Caselaw 5654 MP

Madhya Pradesh High Court

Ranjeet Narvariya vs The State Of Madhya Pradesh on 23 February, 2024

Author: Sunita Yadav

Bench: Sunita Yadav

                                                                1
                                           IN THE HIGH COURT OF MADHYA PRADESH
                                                        AT GWALIOR
                                                        CRA No. 2062 of 2024
                                             (RANJEET NARVARIYA Vs THE STATE OF MADHYA PRADESH)

                           Dated : 23-02-2024
                                  Mr. Prashant Sharma - Advocate for the appellant.

                                  Mr. Prabhakar Kushwah - Panel Lawyer for respondent/State.

The appeal, being arguable, is admitted for final hearing. Heard on I.A. No. 2929 of 2024, which is first application under Section 389 (1) Cr.P.C. for suspension of sentence and grant of bail filed by the appellant.

This Criminal Appeal assails the judgment dated 24.01.2024 passed by the Special Judge (POCSO Act), Mehgaon, District Bhind (M.P.) in SST No.81/2022, whereby appellant has been convicted and sentenced under Sections 354 of IPC and Section 7/8 of POCSO Act to undergo rigorous imprisonment of 3-3 years with fine of Rs.5000/- Rs.5,000/- each, with default stipulations.

Learned counsel for the appellant submits that the trial Court has wrongly convicted the appellant ignoring the fact that there is delay in filing the FIR for which no plausible explanation has been given. Further submission is that PW/1

in her statement clearly stated that after the incident she along with her family members went to the house of appellant and hot talk took place. It is further argued that there are material omissions and contradictions in the statements of the prosecution witnesses. The appellant was on bail during trial and never misused the liberty so granted to him. The appellant has already served incarceration of 39 days out of total jail sentence awarded. Present appeal is likely to take long time t o conclude. Appellant has hope and believe that he

would succeed. Hence, he prayed to suspend the jail sentence and grant of bail to appellant.

Learned Panel Lawyer for the respondent/State vehemently opposed the application and prayed for its rejection.

Heard learned counsel for the parties and perused the materials available on record.

Considering the arguments advanced by learned counsel for the parties, without commenting on merits of the case, I.A. No.2929 of 2024 is hereby allowed. Subject to depositing of fine amount, if not already deposited, and on furnishing personal bond of Rs.50,000/- (Rupees Fifty Thousand Only) with

one solvent surety of the like amount to the satisfaction of the concerned trial Court, the remaining jail sentence of the appellant shall remain suspended and he be released on bail. He is further directed to mark his appearance before the Office of this Court o n 13.05.2024 and on subsequent dates given by the Office in this regard, till final disposal of this appeal.

List this case for final hearing in due course.

A copy of this order be sent to the concerned Court below for compliance.

Certified copy/ e-copy as per rules/directions.

(SUNITA YADAV) JUDGE

(LJ*)