Pravin Kumar Pandro vs The State Of Madhya Pradesh
2024 Latest Caselaw 27831 MP

Madhya Pradesh High Court

Pravin Kumar Pandro vs The State Of Madhya Pradesh on 4 October, 2024

Author: Vivek Agarwal

Bench: Vivek Agarwal

                                                                 1                            CRA-8892-2024
                                          IN THE HIGH COURT OF MADHYA PRADESH
                                                       AT JABALPUR
                                                           CRA No. 8892 of 2024
                                    (PRAVIN KUMAR PANDRO Vs THE STATE OF MADHYA PRADESH AND OTHERS )



                           Dated : 04-10-2024
                                 Shri Laxmi Narayan Sakle and Siddharth Datt - Advocates for the
                           appellant.
                                 Shri Aditya Narayan Gupta - Public Prosecutor for the respondent

No.1-State.

Heard on I.A. No.18917/2024, an application under Section 389(1),

Cr.P.C. for suspension of sentence and grant of bail to appellant Pravin Kumar Pandro S/o Shri Purushottam Pandro.

The appellant is aggrieved of the judgment dated 20.06.2024 passed by the learned Special Judge (Protection of Children from Sexual Offences Act, 2012), Baihar, District Balaghat in Special case No.19/2022, whereby the appellant stands convicted and sentenced as under:-

                                        Conviction                               Sentence
                                                                                             Imprisonment
                               Section               Act       Imprisonment         Fine
                                                                                             in lieu of fine
                                                                                             R.I for 3
                           363, 366A         I.P.C.            R.I. for 5 years Rs.2,000/-
                                                                                             months
                           376D, 376DA
                           of IPC and     I.P.C. &             Imprisonment
                                                                            Rs.25,000/-      R.I. for 1 year
                           Sec. 5(g)/6 of POCSO                for life
                           POCSO Act.

It is submitted by the learned counsel for the appellant that the appellant is innocent. He has been falsely implicated. There are several

2 CRA-8892-2024 lacunae in the version of the victim. On the one hand, she has said that she was only knowing Raghunath and not the other accused persons and their names were given to her subsequently, but in the FIR name of the present appellant is mentioned. It is further submitted that DNA report qua the present appellant is negative. It is positive for other two accused persons. It is a case of false implication. Case of gang rape is not being supported by the evidence of the lady doctor PW-8 Dr. Rashmi Waghmare. There are good chances of success in the appeal. Hence, prayer is made to suspend the remaining jail sentence of the appellant and to release him on bail.

Shri Aditya Narayan Gupta, learned Public Prosecutor for the respondent-State, in his turn, opposes the prayer for suspension of sentence

and grant of bail. He submits that though there may be some omissions in the statements under Section 164, Cr.P.C., but the prosecutrix has supported the case in her case diary statements and before the trial Court.

After hearing learned counsel for the parties and going through the record, so also considering the fact that the appeal is going to take considerable time for its disposal, without commenting on the 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 and to release him on bail. I.A.No.18917/2024 is accordingly allowed.

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 each of the like

3 CRA-8892-2024 amount to the satisfaction of the Trial Court for his appearance before the Trial Court on 20.12.2024 and such other dates as may be fixed by the Trial Court, which shall not be more than 2 times in a year, the execution of remaining part of the jail sentence imposed upon appellant Pravin Kumar Pandro shall remain suspended and he shall be released on bail till final disposal of this appeal.

I.A.No.18917/2024 is allowed & disposed of.

Let paper book be prepared and this case be listed for final hearing in Part-B of the cause list as per its turn and seniority.

Certified copy as per rules.

                                 (VIVEK AGARWAL)                                (DEVNARAYAN MISHRA)
                                      JUDGE                                            JUDGE

                           pp