Iliyas @ Munna vs The State Of Madhya Pradesh
2024 Latest Caselaw 15846 MP

Madhya Pradesh High Court

Iliyas @ Munna vs The State Of Madhya Pradesh on 28 May, 2024

Author: Vivek Agarwal

Bench: Vivek Agarwal

                                                               1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                       CRA No. 1158 of 2017
                                        (ILIYAS @ MUNNA Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                           Dated : 28-05-2024
                                 Shri Akash Singhai - Advocate for the appellant.

                                 Shri S.K. Kashyap - Government Advocate for the respondent - State.

Heard on I.A.No.8006/2022, which is an application for suspension of sentence and grant of bail to the appellant-Iliyas @ Munna.

This is fifth application for suspension of sentence. First application was

rejected by a Coordinate Bench on 16.04.2018, mentioning therein that "having heard rival submissions and going through the evidence of the prosecutrix and the positive FSL report in our considered opinion, no case for suspension of custodial sentence is made out."

Appellant - Iliyas @ Munna, is aggrieved of the judgment dated 23.02.2017, passed by the learned Special Judge, SC/ST Act, Harda (M.P.), in Special Trial No.28/2015, whereby, appellant-Iliyas @ Munna has been convicted for offence punishable under Section 363 of IPC and sentenced to undergo R.I. for 3 years with fine of Rs.500/-, Section 366 of IPC and

sentenced to undergo R.I. for 5 years with fine of Rs.500/-, Section 5(L) r/w Section 5 of POCSO Act, he is sentenced to undergo R.I. for 10 years with fine of Rs.1,000/- and Section 376(2)(v) of SC/ST (Prevention of Atrocities) Act, he is sentenced to undergo R.I. for 10 years with fine of Rs.500/- and Section 506-II of IPC, he is sentenced to undergo R.I. for life with fine of Rs.1,000/-, with default stipulation.

It is submitted that the age of the prosecutrix at the time of incident was more than 17 years 3 months. It is a matter of consent. She was already

engaged and yet she chose to leave the place along with the accused Iliyas. She has admitted in her cross-examination that she had left her home on the pretext of attending to the call of nature. It is submitted that appellant is in custody from 16.03.2015 to 20.07.2015, and then he is in custody from 23.02.2017, till this date.

It is pointed out that there are good chances of success, inasmuch as, life imprisonment has been granted under the provisions of Section 3(2)(v) of SC/ST (Prevention of Atrocities) Act, which is an enabling provision and not a substantive provision. It is submitted that since no independent punishment could have been given under Section 3(2)(v) of SC/ST (Prevention of

Atrocities) Act, it is a good case for acquittal.

Shri S.K. Kashyap, learned Govt. Advocate opposes the prayer of the appellant.

Taking these facts into consideration, fact of incarceration and other circumstances, it is directed that on depositing the fine amount, if not already deposited and on furnishing a personal bond to the tune of Rs.50,000/- (Rupees Fifty Thousand Only), with two solvent sureties in the like amount to the satisfaction of the Trial Court for his appearance before the Trial Court on 19.12.2024 and such other dates as may be fixed by the Trial Court, the execution of remaining part of the jail sentence imposed upon Appellant - Illiyas @ Munna shall remain suspended and he shall be released on bail till final disposal of this appeal.

I.A.No. 8006/2022 is allowed & disposed of.

Certified copy as per rules.

                              (VIVEK AGARWAL)       (DEVNARAYAN MISHRA)
                                   JUDGE                   JUDGE
                           A.Praj.