Omprasad Bamne vs The State Of Madhya Pradesh
2024 Latest Caselaw 16000 MP

Madhya Pradesh High Court

Omprasad Bamne vs The State Of Madhya Pradesh on 29 May, 2024

Author: Vivek Agarwal

Bench: Vivek Agarwal

                                                               1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                      CRA No. 14304 of 2023
                                            (OMPRASAD BAMNE Vs THE STATE OF MADHYA PRADESH)

                           Dated : 29-05-2024
                                 Shri L.C. Chourasiya - Advocate for the appellant/Omprasad Bamne.

                                 Shri Vivek Lakhera - Government Advocate for the respondent/State.

Heard on I.A. No.1397/2024, which is an application under Section 389(1) of Cr.P.C., for suspension of sentence and grant of bail to appellant - Omprasad Bamne.

T h is application is filed being aggrieved of the judgment dated 19.10.2023, passed by the learned Special Judge, POCSO Act, Betul, District Betul (M.P.), in Special Case No.20/2020, whereby, the appellant has been convicted for the offence under Section 376(2)(n) of IPC and sentenced to undergo R.I. for twenty years with fine of Rs.5,000/- in default R.I. for one year and Section 5(L)/6 of POCSO Act. He has also been convicted under Section 363 of IPC and sentenced to undergo R.I. for three years with fine of Rs.1,000/- in default R.I. for three months.

Learned counsel for appellant submits that the appellant is innocent. It is

a consensual relationship. Age of the prosecutrix is doubtful. She has admitted her presence with the appellant on photographs. They proposed to marry each other and if the bail is not granted, then career of the appellant will be ruined. Appellant is a youth of 24 years. Hence, prayer is made to suspend the remaining jail sentence of the appellant and release him on bail.

Learned Government Advocate for the State, on the other hand, opposes the prayer.

Taking these facts into consideration without commenting on merits of

the case, we are of the considered opinion that this is a fit case to suspend the remaining jail sentence of the appellant - Omprasad Bamne and to release him on bail.

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 18.12.2024 and such other dates as may be fixed by the Trial Court, the execution of remaining part of the jail sentence imposed upon Appellant - Omprasad Bamne shall remain suspended and he shall be released on bail till final disposal of this

appeal.

I.A. No.1397/2024 is allowed & disposed of.

Certified copy as per rules.

                                (VIVEK AGARWAL)                                (DEVNARAYAN MISHRA)
                                     JUDGE                                            JUDGE

                           HK