Madhya Pradesh High Court

Madanlal Maneshwar vs The State Of Madhya Pradesh on 15 May, 2025

Author: Vivek Agarwal

Bench: Vivek Agarwal

                                                              1                             CRA-15141-2023
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                     CRA No. 15141 of 2023

(MADANLAL MANESHWAR Vs THE STATE OF MADHYA PRADESH AND OTHERS )

Dated : 15-05-2025 Shri Sanjay Sharma - Advocate for the appellant.

Shri Manas Mani Verma - Public Prosecutor for the State.

Heard on I.A. No.11132/2024 which is first application under Section 389 (1) of the Cr.P.C. for suspension of sentence and grant of bail to appellant - Madanlal Maneshwar.

This appeal is filed by the appellant being aggrieved of the judgment dated 09.10.2023 passed by learned Special Judge under the POCSO Act, 2012, Balaghat district - Balaghat in SC No.33/2022 whereby the appellant has been convicted for offence punishable under Sections 450 and 376 (3) of the IPC and Section 4 (2) of the Protection of Children from Sexual Offences Act, 2012 and sentenced to undergo RI for 5 years (fine Rs.200/-) and RI for Life (fine Rs.1,000/-), respectively with default stipulation to further undergo RI for one month and RI for 5 months, respectively.

It is submitted by counsel for the appellant that the appellant is

innocent. The prosecutrix was major at the time of the incident as admitted by her parents PW-2 and PW-3. Scientific evidence is contrary to the oral evidence of the prosecutrix who said that she had changed her clothes and undergarments, then presence of sperms on undergarments is not trustworthy. There are good chances of success of appeal. The disposal of this appeal will take considerable time and, therefore, it is prayed that the

2 CRA-15141-2023 sentence imposed on the present appellant be suspended and he be enlarged on bail.

Shri Manas Mani Verma, learned Public Prosecutor, on the other hand, opposes the prayer for suspension of sentence.

After hearing learned counsel for the parties and going through the record, this Court is of the opinion that it is a fit case to suspend the remaining part of the jail sentence of the present appellant and to release him on bail.

Accordingly, I. A. No. 11132/2024 i s allowed. It is directed that on depositing of 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 sureties each in the like amount to the satisfaction of the concerned trial

Court for his appearance before the trial Court on 20.08.2025 and on all subsequent dates as may be fixed by the concerned trial Court, the execution of remaining part of the jail sentence of the appellant - Madanlal Maneshwar shall remain suspended and he be released on bail till final disposal of this appeal.

Accordingly, I.A. No.11132/2024 is allowed and disposed of. C.C. as per rules.

(VIVEK AGARWAL) (DEVNARAYAN MISHRA) JUDGE JUDGE ks