Hariom Meena vs The State Of Madhya Pradesh
2024 Latest Caselaw 6574 MP

Madhya Pradesh High Court

Hariom Meena vs The State Of Madhya Pradesh on 4 March, 2024

Author: Sunita Yadav

Bench: Sunita Yadav

                                                             1
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT GWALIOR
                                                     CRA No. 1310 of 2024
                                       (HARIOM MEENA Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                         Dated : 04-03-2024
                                Mr. Anshu Gupta, Advocate for the appellant.

                                Mr. Rohit Shrivastava, Panel Lawyer for respondent No. 1 - State.

Heard on the question of admission.

The appeal, being arguable, is admitted for final hearing. Heard on I.A. No. 1669 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 17.1.2024 passed by the Sessions Judge, Sheopur, District Sheopur (M.P.) in S.T. No.83/2022, whereby appellant has been convicted and sentenced under Section 354 of IPC r.w. Section 3(2)(va) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act to undergo rigorous imprisonment of three years with fine of Rs.3000/- and under Section 7/8 of POCSO Act r.w. Section 3(1)(w)(i) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act to undergo rigorous imprisonment of three years with fine of Rs.3000/-, with

default stipulations.

Learned counsel for the appellant submits that the trial Court has erred in convicting the appellant ignoring the fact that there are material omissions and contradictions in the statements of the prosecutrix. Allegedly, the incident occurred between 1:00-2:00 pm when prosecutrix was returning back after school was closed, however, as per prosecution witnesses PW-4 - Ajnan and PW-5 - Shahid, timing of school is up to 4:30 pm. These two independent

witnesses turned hostile and did not support the prosecution case. There is also delay in lodging the FIR which has not been explained. It is further argued that the appellant was on bail during trial and never misused the liberty so granted. Further submission is that the the appeal is likely to take long time to conclude. Appellant has hope and believe that he would succeed. Hence, he prayed to suspend the jail sentence and grant of bail to appellant looking to the short period of jail sentence.

Learned counsel 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.1669 of 2024 is hereby allowed. Subject to depositing of fine amount, if not already deposited, and on furnishing personal bond of Rs.25,000/- (Rupees Twenty Five 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 21.5.2024 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 AKS