Dashrath vs The State Of Mp
2024 Latest Caselaw 15700 MP

Madhya Pradesh High Court

Dashrath vs The State Of Mp on 27 May, 2024

Author: Dinesh Kumar Paliwal

Bench: Dinesh Kumar Paliwal

                                                              1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                      CRA No. 9228 of 2019
                                                      (DASHRATH Vs THE STATE OF MP)

                           Dated : 27-05-2024
                                 Shri Dinesh Prasad Mishra - Advocate for the appellant.

                                 Shri S.K. Gupta - Panel Lawyer for the respondent/State.

None for the victim, despite service of notice.

Heard on I.A. No.20725/2023, an application under Section 389(1) of Cr.P.C. for suspension of sentence and grant of bail to appellant, pending the

appeal.

Appellant has been convicted for commission of offence under Sections 363, 366, 376(2)(n), 506-II of IPC and Section 5(L) read with Section 6 of POCSO Act, 2012 and has been sentenced to undergo R.I. for 3 years and fine of Rs.500/-, RI for 5 years and fine of Rs.1000/-, RI for 10 years and fine of Rs.1000/-, RI for 6 months and fine of Rs.200/- and RI for 10 years and fine of Rs.5000/- with default stipulation vide judgment dated 11.04.2019 passed by

3rd ASJ/Special Judge, POCSO Act, Harda in S.C. No.66/2018 (State of M.P. vs. Dashrath).

Learned counsel for the appellant has submitted that appellant has been erroneously convicted by the learned trial Court. Learned trial Court has not properly appreciated the evidence of the prosecution witnesses. It has recorded erroneous findings with regard to the age of the prosecutrix. It has ignored the fact that prosecutrix was a consenting party and on her own had gone with the appellant who is only 21 years old. It is further submitted that appellant has already undergone actual jail sentence almost for a period of 6 years. Therefore,

it is prayed that the execution of jail sentence of appellant be suspended and he may be released on bail.

On the other hand, learned counsel for the State has opposed the grant of bail to the appellant.

I have gone through the evidence of Prosecutrix PW1 and her parents PW2 and PW3. The appellant has already undergone almost 6 years incarceration so far. Maximum sentence is of 10 years. There is no possibility of hearing of this appeal in near future. Therefore, having taken into consideration the evidence of the prosecutrix, her parents and other witnesses available on record and the fact that there is no possibility of hearing of this

appeal in near future, I am inclined to suspend the remaining jail sentence of the appellant and release him on bail.

Consequently, I.A. No.20725/2023 is allowed. The execution of jail sentence of appellant- Dashrath is hereby suspended subject to depositing the fine amount, if not already deposited. It is directed that the appellant be released on bail on his furnishing a personal bond in the 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 25.10.2024 and also on such other dates, as may be fixed by that Court in this regard during the pendency of this appeal.

List this case for final hearing in due course.

Certified copy as per rules.

(DINESH KUMAR PALIWAL) JUDGE

Jasleen