Chhotu @ Ramdas vs The State Of Madhya Pradesh
2025 Latest Caselaw 3183 MP

Madhya Pradesh High Court

Chhotu @ Ramdas vs The State Of Madhya Pradesh on 22 January, 2025

Author: Sushrut Arvind Dharmadhikari

Bench: Sushrut Arvind Dharmadhikari

                                                                 1                                CRA-12353-2023
                                          IN THE HIGH COURT OF MADHYA PRADESH
                                                       AT JABALPUR
                                                        CRA No. 12353 of 2023
                                         (CHHOTU @ RAMDAS Vs THE STATE OF MADHYA PRADESH AND OTHERS )



                           Dated : 22-01-2025
                                 Shri Pradeep Naveria - Advocate for the appellant.
                                 Shri Arvind Singh - Government Advocate for the respondent/State.

Per Smt. Justice Anuradha Shukla:

Heard on I.A.No.16600/2024, which is first application filed under Section 389(1) of the Cr.P.C., 1973, for suspension of jail sentence and grant of bail on

behalf of sole appellant - Chhotu @ Ramdas .

The appellant has been convicted for the offences punishable under Section 450 of IPC and sentenced to undergo R.I. for 10 years with fine of Rs.1,000/-, Section 376DA of IPC and sentenced to undergo life imprisonment with fine of Rs.1,000/- and Section 16/17 of POCSO Act and sentenced to undergo R.I. for 20 years with fine of Rs.1,000/- respectively, with default stipulations, vide judgment of conviction and order of sentence dated 05.09.2023 passed by Fourth Additional Sessions Judge/Special Judge (POCSO) Act, Narsinghpur, District Narsinghpur (M.P.) in S.C. No.30/2023.

This first application for seeking suspension of sentence has been argued

primarily on the ground that appellant did not commit any offence and he has been falsely implicated in this case by the family members of prosecutrix for being closely related to co-convict who was in love relationship with the prosecutrix and for this, reliance has been placed on the statements of prosecutrix (PW-1), admitting in para Nos. 7, 11 and 12 that no criminal force was used by the appellant against her nor any other crime was committed by him. It is submitted that the appellant is innocent and trial Court has not appreciated the oral and

2 CRA-12353-2023

documentary evidence properly. Based on these grounds, a request has been made to allow the application for suspension of sentence to the appellant.

On the other hand, learned counsel for the State has opposed the application and prayed for its rejection.

Heard counsel for the parties and perused the record. Having heard the arguments and on perusal of the record, we are of the considered opinion that till disposal of this appeal, execution of jail sentence awarded to the appellant under the impugned judgment deserves to be suspended. Therefore, without commenting on the merit of the case, this application is allowed.

It is directed that subject to depositing the fine amount, if not already deposited and on furnishing a personal bond in a sum of Rs.50,000/- (Rupees Fifty

Thousand only) with one surety in the like amount to the satisfaction of the trial Court concerned, the custodial sentence of the appellant shall remain suspended and he shall be released on bail for securing his presence before the trial Court concerned on 23.04.2025 and on such other dates as may be fixed in this regard during pendency of this appeal.

Accordingly, the aforesaid I.A. stands allowed and disposed of. List for final hearing in due course.

                           (SUSHRUT ARVIND DHARMADHIKARI)                          (ANURADHA SHUKLA)
                                      JUDGE                                              JUDGE
                           NP