Madhya Pradesh High Court
Krishna vs The State Of Madhya Pradesh on 21 February, 2025
Author: Vivek Rusia
Bench: Vivek Rusia
1 CRA-2417-2021
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
CRA No. 2417 of 2021
(KRISHNA Vs THE STATE OF MADHYA PRADESH )
Dated : 21-02-2025
Shri Raghunandan Soni - Advocate for the appellant.
Shri Bhuwan Gautam - Govt. Advocate for the respondent/State.
Per Justice Gajendra Singh:
Heard on I.A No.1624/2025 which is third(repeat) application under
Section 389(1) of the Cr.P.C, 1973 filed on behalf of the appellant - Krishna
for grant of bail and suspension of remaining jail sentence.
The appellant has been convicted vide judgment dated
22.03.2021 passed in Special Case No.42/2020 by Special Judge(POCSO
Act), Ambedkar Nagar, District Indore for the offence under Section 323,
363, 366(A), 376(2)(n) and 376(3) of the IPC and Section 6 r/w 5(L) of the
POCSO Act, 2012 and has been sentenced for 03 months S.I, 07 years R.I,
10 years R.I, 10 years and 20 years R.I with fine and default stipulations to
be run concurrently.
As per prosecution case, the appellant/accused has been convicted for
committing penetrative sexual assault towards a child below the age of 18
years.
Earlier applications vide order dated 14.07.2023 was dismissed as
withdrawn and his first application was also dismissed as withdrawn vide
order dated 05.10.2022.
This present application is preferred by the appellant/accused on the
2 CRA-2417-2021
ground that appellant/accused has been wrongly implicated in this case.
There are fair chances of appellant to succeed in this appeal. The
appellant/accused is suffering jail incarceration since 12.01.2020. In these
circumstances, he prays for grant of bail and suspension of remaining jail
sentence.
On the other hand, learned Govt. Advocate for the respondent/State
has opposed the application and prayed for its rejection.
Notice was issued to victim/complainant but no one appeared on her
behalf.
Heard and perused the record.
Victim (PW-2) and appellant/accused were together from 07.10.19 till
14.11.19 and stayed at different places. There is serious challenge regarding
the assessment of the age of the victim (PW-2).
Perused para 06 & 07 of victim (PW-2), we are inclined to extend the
benefit of grant of bail and suspension of remaining jail sentence of the
appellant.
Accordingly, I.A No.1624/2025 is allowed and the execution of
remaining jail sentence of the appellant- Krishna is hereby suspended till the
final disposal of this appeal. It is directed that appellant -Krishna be released
on bail, subject to depositing the fine amount, if not already deposited and
upon 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 Registry of
this Court on 24.06.2025 and on such other dates, as may be fixed by the
3 CRA-2417-2021
Registry of this Court in this regard during the pendency of this appeal.
List the appeal for final hearing in due course.
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.
C.C. as per rules.
(VIVEK RUSIA) (GAJENDRA SINGH)
JUDGE JUDGE
akanksha
