Rajesh Sen vs The State Of Madhya Pradesh
2024 Latest Caselaw 6722 MP

Madhya Pradesh High Court

Rajesh Sen vs The State Of Madhya Pradesh on 5 March, 2024

Author: Sunita Yadav

Bench: Sunita Yadav

                                                              1
                                         IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT GWALIOR
                                                      CRA No. 2134 of 2024
                                               (RAJESH SEN Vs THE STATE OF MADHYA PRADESH)

                           Dated : 05-03-2024
                                 Shri Rajesh Pathak - Advocate for the appellant.

                                 Shri Prabhakar Kushwaha - Panel Lawyer for respondent/State.

Heard on the question of admission.

The appeal being arguable is admitted for final hearing. Record of the trial court is received.

Also heard on I.A.No. 4876 of 2024, second application under Section

389(1) of Cr.P.C. for suspension of sentence and grant of bail to the appellant - Rajesh Sen.

This Criminal Appeal under Section 374 (2) of Cr.P.C., 1973 assails the judgment dated 31.01.2024 passed by II Additional Judge to the Court of Special Judge (POCSO)/ First District and Additional Sessions Judge, District Ashoknagar in SC No. 06/2023, whereby, appellant has been convicted under Section 457, 354, 506 (2) of IPC and sentenced him to undergo maximum Two years RI with maximum fine of Rs. 500/- with default stipulation.

Learned counsel for the appellant argued that the Court below have

wrongly appreciated the evidence and convicted the appellant. There are material contradictions and omissions in the statements of the witnesses. It is further submitted that earlier the appellant was granted interim suspension of sentence till receipt of record, however, he did not misuse the liberty so granted. The evidence of prosecutrix indicates that present case is the out come of some dispute between the prosecutrix and bother-in-law of present appellant. Under these circumstances, he prayed to suspend the jail sentence of the

appellant looking to the short period of jail sentence and release him on bail.

Head learned counsel for the appellant and perused the record. Considering the facts and circumstances of the case so also looking to the fact that earlier on 16.02.2024, the sentence of appellant was temporarily suspended, I.A.No. 4876 of 2024 is allowed and now the order of suspension dated 16.02.2024 is made confirmed and absolute and the sentence of appellant shall remain suspended on the personal bond of Rs.50,000/- along with one solvent surety as already furnished by the appellant before the trial Court.

The appellant shall appear before the Office of this Court on 28.05.2024 and other dates as may be fixed by this Office in this regard from time to time.

List the case for final hearing in due course.

Certified copy today as per rules.

(SUNITA YADAV) JUDGE

(LJ*)