Madhya Pradesh High Court
Brajesh @ Vijay vs The State Of Madhya Pradesh on 15 May, 2024
Author: Dinesh Kumar Paliwal
Bench: Dinesh Kumar Paliwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 3727 of 2021
(BRAJESH @ VIJAY Vs THE STATE OF MADHYA PRADESH)
Dated : 15-05-2024
Shri Abhijeet Awasthi - Advocate for the appellant.
Shri N.S.Solanki - Panel Lawyer for the respondent /State.
Heard on admission.
Trial court record perused.
Appeal is admitted for final hearing.
Also heard on I.A. No.6773//2024. This is second application under
Section 389(1) of Cr.P.C for suspension of jail sentence and grant of bail
to appellant Brajesh @ Vijay, pending the appeal.
Appellant's first application was dismissed on merits vide order
dated 25.02.2022 passed on I.A.No.11610/2021.
Appellant has been convicted for commission of offence under
Section 376(1),363 and 342 of IPC by Special Judge (POCSO Act)
District Betul vide judgment dated 05.04.2021 passed in S.T.No.86/2018
and has been sentenced to undergo 10 years R.I. and fine of Rs.1000/- for
commission of offence under section 376(1) IPC, 03 years R.I and fine of
Rs.500/- for commission of offence under section 363 IPC and 01 year R.I.
and fine of Rs.500/- for commission of offence under section 342 IPC with
default stipulation.
This second bail application has been filed only on the ground of
incarceration period. Learned counsel for the appellant has submitted that
appellant has undergone more than 06 years of actual jail sentence and
with remission he has undergone almost 06 years and 08 months of jail
sentence. The maximum punishment awarded by the trial court is 10 years.
Appeal is of the year 2021. If appellant is not released on bail, the
purpose of filing this appeal would become futile. Therefore, it is prayed
that the appellant may be released on bail by suspending his jail sentence.
On the other hand, learned Panel Lawyer for the State has opposed
grant of bail and has submitted that the minor prosecutrix has supported the
entire prosecution story and her evidence finds corroboration with the
D.N.A report. Appellant's first bail application was dismissed on merits.
Therefore, it is prayed that appellant may not be released on bail.
In this case it is undisputed that appellant has undergone more than
06 years of jail sentence and the maximum sentence awarded is 10 years
R.I. The Hon'ble Apex Court vide order dated 02.02.2024 passed in
Cr.A.No.579/2024 (Atul @ Ashutosh Vs. State of M.P.) has observed as
under :-
"Before parting with the order, we must note here
that notwithstanding several decisions of this court
holding that when there is a fixed term sentence
and especially when the appeal is not likely to be
heard before completing entire period of sentence,
normally suspension of sentence and bail should be
granted. We find that in several deserving cases,
bail is being denied. Such cases should never be
required to be brought before this court."
In this case there is bleak possibility of final hearing of this appeal
in near future. Therefore, having taken into consideration the period of
incarceration of the appellant, I am inclined to suspend his jail sentence
and release him on bail. Consequently, I.A. No.6773/2023 is allowed. The
execution of jail sentence of appellant Brajesh @ Vijay is hereby
suspended subject to depositing the fine amount, if not already
deposited.
It is directed that the appellant Brajesh @ Vijay be released on
bail on his furnishing a personal bond to a sum of Rs.50,000/- (Rupees
Fifty thousand only) with one solvent surety of the like amount to the
satisfaction of the trial Court with a further direction to appear before the
trial Court on 22.10.2024 and also on such other dates, as may be fixed by
that Court in this regard during the pendency of this appeal.
List the case for final hearing in due course.
Certified copy as per rules.
(DINESH KUMAR PALIWAL)
JUDGE
MKL
