Madan vs The State Of Madhya Pradesh
2025 Latest Caselaw 2883 MP

Madhya Pradesh High Court

Madan vs The State Of Madhya Pradesh on 15 January, 2025

                                                            1                                 CRA-9111-2024
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT INDORE
                                                    CRA No. 9111 of 2024
                                         (MADAN Vs THE STATE OF MADHYA PRADESH AND OTHERS )



                         Dated : 15-01-2025
                               Shri Santosh Kumar Meena - Advocate for the appellant.
                               Shri Sonal Gupta - Additional Advocate General for the
                         respondent/State.

Heard on I.A.No.18322/2024, which is the first application under Section 430 of the BNSS filed on behalf of appellant-Madan s/o Bhadu for

grant of bail and suspension of remaining jail sentence.

2. Appellant stands convicted vide judgment dated 18.12.2023 passed by the learned Additional Sessions Judge, Jobat, District Alirajpur in Special Session Trial No. 90/2021 and sentenced as under :

                                     Conviction         Imprisonment         Fine      In lieu of fine
                               363 of IPC           5 years RI           Rs. 1000/-   6 Months RI
                               366 of IPC           7 years RI           Rs. 1000/-   6 Months RI
                               376(2)(N) of IPC     Life Imprisonment    Rs. 1000/-   6 Months RI
                               5(L) r/w 6 POCSO     Life Imprisonment    Rs. 1000/-   6 Months RI

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

has been falsely implicated in the case. Prosecutrix resided with the appellant for about six months before the incident. FSL is negative and there is no DNA report in the matter. This appeal is of the year 2024 and there is no likelihood of its early hearing therefore, it is prayed that the application be allowed and appellant be released on bail.

4. Per contra, learned counsel for the respondent/State opposes the application for suspension of sentence on the ground that there are serious

2 CRA-9111-2024 allegations against the appellant. Prosecutrix was aged less than 18 years at the time of incident. Therefore, the present application deserves to be dismissed.

5. It is not in dispute that the FSL report does not support the case of prosecution. Moreover, as per the statement of prosecutrix, she remained with the appellant for around 06 months before the incident in question. Keeping in view that there is no DNA report in favour of the prosecution case and that final conclusion of this appeal will take considerable time, we deem it appropriate to suspend the remaining jail sentence of the appellant.

6. Accordingly, I.A.No. 18322/2024 is allowed and the execution of remaining jail sentence of the appellant is hereby suspended till the final

disposal of this appeal. It is directed that appellant-Madan 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.15,000/- (Rupees Fifteen Thousand Only) with one solvent surety in the like amount to the satisfaction of the trial Court, with a further direction to appear before the Registry of this Court on 18.03.2025 and on such other dates, as may be fixed by the Registry of this Court in this regard during the pendency of this appeal.

List for hearing in due course.

                                 Certified copy, as per rules

                             (SURESH KUMAR KAIT)                                  (VIVEK RUSIA)
                                 CHIEF JUSTICE                                        JUDGE
                         vidya