Aakash vs The State Of Madhya Pradesh
2024 Latest Caselaw 15887 MP

Madhya Pradesh High Court

Aakash vs The State Of Madhya Pradesh on 28 May, 2024

Author: Sushrut Arvind Dharmadhikari

Bench: Sushrut Arvind Dharmadhikari

                                                             1
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT INDORE
                                                      CRA No. 3983 of 2024
                                          (AAKASH AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                         Dated : 28-05-2024
                                Shri Manoj Sharma, learned counsel for the appellant.

                                Shri G      S   Chouhan,     learned   Government Advocate for the
                         respondent/State.

Heard on I.A. No.7944/2024, an application under Section 389 (1) of Cr.P.C.for suspension of execution of sentence appellant and enlargement on bail.

2. The appellant/accused has been convicted under Section 366 of IPC and sentenced to undergo 7 years R.I. and fine of Rs.5000/- with default stipulation vide judgment dated 29.12.2023 in Special Case No.08/2019 by Special Judge, (POCSO, Act, 2012), District Jhabua, M.P.

3. As per prosecution story, the appellant Akash is brother-in-law of co- accused Sanni and he took the victim from Jhabua to Zind (Harayana) for the purpose of marriage of victim with the appellant.

4. This application has been preferred on the ground that the Trial Court has ignored the fact that the victim visited various places with appellant and also

ignored the fact of photographs Ex P-9, Ex.P/10 and Ex.D/10. It was matter of consensual relationship between the Sanni and victim. The appellant has falsely been implicated in the present case for extorting the money from the appellant.

5. Counsel for the respondent/State opposes the prayer and prays its rejection.

6. Considered the para 19 of the statement of father of the victim, i.e. PW- 2, we deem it fit to suspend the remaining jail sentence of the appellant, without going to the merits of the case.

7. Accordingly, I.A. No.7944/2024 is allowed and it is directed that subject

to deposit of fine amount, if not already deposited, and on furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of learned trial Court, the execution of substantial jail sentence of the sole appellant shall remain suspended, till final disposal of this appeal.

8. The appellant after being enlarged on bail shall mark his presence before the trial Court on 11/11/2024 and thereafter on all such subsequent dates, as may be fixed in this behalf.

9. List the case for final hearing in due course.

10. In light of judgment passed in case of Aparna Bhat Vs. State of

Madhya Pradesh reported in LL 2021 SC 168, copy of this order be sent to the victim.

Certified copy as per rules.

                            (S. A. DHARMADHIKARI)                                      (GAJENDRA SINGH)
                                     JUDGE                                                  JUDGE

                         Praveen