Rangeela @ Kalu vs The State Of Madhya Pradesh
2025 Latest Caselaw 246 MP

Madhya Pradesh High Court

Rangeela @ Kalu vs The State Of Madhya Pradesh on 1 May, 2025

                                                             1                                CRA-11386-2022
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT GWALIOR
                                                     CRA No. 11386 of 2022
                                          (RANGEELA @ KALU Vs THE STATE OF MADHYA PRADESH )



                         Dated : 01-05-2025
                                Shri D.S. Tomar and Shri Shyam Kishore Mishra - Advocates for appellant.
                                Shri Kaushlendra Singh Tomar - Public Prosecutor for the State.

                                Heard on the question of admission.
                         2.    The appeal being arguable is admitted for final hearing.
                         3.   Heard on I.A.No.6150 of 2024 , an application under Section 389(1) of Cr.P.C

                         for suspension of jail sentence and grant of bail on behalf of appellant - Rangeela
                         @ Kalu. The earlier two applications for suspension of sentence of appellant were
                         dismissed as withdrawn.
                         4.     This Criminal Appeal assails the judgment dated 20.09.2022 passed in
                         Special Case No. - SC/07/2019 by the Special Judge (POCSO Act), Guna (M.P.),
                         whereby appellant has been convicted under Sections 354(ख) of IPC and Sections
                         7/8 and 9(ड)/10 of POCSO Act and sentenced under Section 9( ड)/10 of POCSO
                         Act to undergo five years' RI with fine of Rs.1000/-, with default stipulation.
                         5.    Learned counsel for the appellant submits that the trial Court has wrongly
                         convicted the appellant without proper appreciation of facts of the case as well as

                         evidence on record. As per the custody report dated 18.11.2024, the appellant had
                         suffered incarceration of 3 years, 1 month, and 20 days with remission. Now, the
                         appellant has, thus, undergone total incarceration of more than three and a half
                         years, including remission. It is further submitted that the case rests upon the
                         testimony of the prosecutrix, but the fact reveals from her statement that there was
                         altercation between her mother and the present appellant on the date of incident,


Signature Not Verified
Signed by: AMAN TIWARI
Signing time: 5/2/2025
10:31:52 AM
                                                                 2                               CRA-11386-2022
                         which is the motive for lodging false FIR against present appellant. The statement
                         of the prosecutrix contains contradictions and omissions, and the veracity of her
                         statement is under challenge. There is no likelihood of hearing of the instant
                         appeal in near future. It is submitted that, in view of the statement of the
                         prosecutrix and the period of incarceration suffered by the appellant, he may be
                         granted the benefit of suspension of the jail sentence.
                         6.     Per contra , learned counsel for the respondent/State opposed the application

and prayed for its rejection.

7. Heard learned counsel for the parties and perused the record.

8. Considering the arguments advanced by learned counsel for the parties as well as the facts and circumstances of the case and the period of custody suffered by appellant, but without commenting on merits of the case, I.A.No.6150 of 2024 is

hereby allowed. Subject to depositing of fine amount, if not already deposited, and on furnishing personal bond of Rs.1,00,000/- (Rupees One Lac Only) with a solvent surety of the like amount to the satisfaction of the concerned trial Court, the remaining jail sentence of the appellant shall remain suspended and he be released on bail. The appellant is further directed to mark his appearance before the Registry of this Court on 16/06/2025 and on subsequent dates given by the Registry in this regard, till final disposal of this appeal.

C.C. as per Rules.

(RAJENDRA KUMAR VANI) JUDGE

Aman