Madhya Pradesh High Court
Aman vs The State Of Madhya Pradesh on 14 October, 2025
Author: Vivek Rusia
Bench: Vivek Rusia
1 CRA-440-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
CRA No. 440 of 2024
(AMAN Vs THE STATE OF MADHYA PRADESH )
Dated : 14-10-2025
Appellant - Aman S/o Lokendra Kungar Jatav by Shri Nilesh J. Dave -
Advocate.
Respondent - State of Madhya Pradesh by Shri H.S. Rathore -
Government Advocate appearing on behalf of Advocate General.
Complainant - objector by Shri Gaurav Andhale - Advocate.
Heard on IA No.3763 of 2025 , a repeat (second) application under
Section 430 (1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (Section
389 (1) of Code of Criminal Procedure, 1973) filed on behalf of appellant -
Aman S/o Lokendra Kungar Jatav for grant of bail and suspension of
remaining jail sentence.
Vide judgment of conviction and order of sentence dated 26.12.2023
passed by learned Sessions Judge and Special Judge (under POCSO Act),
Neemuch District Neemuch (MP) in Special Session Trial (POCSO) No.10
of 2021, the present appellant stands convicted under Sections 363, 366, 376
(3), 376 (2) (n) and 506-II of the Indian Penal Code, 1860 (herein after
referred to as the IPC) as also under Section 5 (l) read with Section 6 of
Protection of Children from Sexual Offences Act, 2012 and respectively
sentenced to undergo rigorous imprisonment for three years with fine of
Rs.500/-, five years with fine of Rs.1,000/-, twenty years with fine of
Rs.2,000/-, twenty years with fine of Rs.2,000/-, two years with fine of
2 CRA-440-2024
Rs.2,000/- and twenty years with fine of Rs.5,000/- with default stipulations.
Learned counsel for the appellant submits that first suspension
application of the appellant has already been dismissed as withdrawn and
this is the second application for suspension of sentence. At the time of
incident, the prosecutrix was minor aged about 14 years, however, she has
attained the age of majority in the year 2025. The prosecutrix has no
objection if the appellant is released on bail. The appellant has already
undergone a period of about two years and six months out of which, he
undergone a period of seven months during trial.
Learned counsel submits that the prosecutrix has not alleged
commission of sexual assault by this appellant. She has not supported the
case of the prosecution. Even otherwise, during trial and during pendency of
this appeal, a compromise has been arrived at between the parties. Learned
counsel for the appellant submits that they are going to perform the marriage,
as the prosecutrix has attained the age of majority from the date of birth. The
prosecutrix has filed an affidavit in support of this appellant.
Learned counsel further submits that this appeal is of the year 2024
and final hearing of this appeal will take considerable time. Hence, in such
circumstances, prayer is made for suspension of the jail sentence and grant of
bail.
Learned Government Advocate for the respondent / State opposes the
application.
Considering the facts and circumstances of the case and arguments
advanced by learned counsel for the parties, without commenting on the
3 CRA-440-2024
merits of the case, this Court is of the considered opinion that the application
for suspension of custodial sentence filed on behalf of the appellant deserves
to be allowed.
Accordingly, IA No.3763 of 2025 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 the appellant 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 11.12.2025 and on such other dates, as may be fixed by the
Registry of this Court in this regard during the pendency of this appeal.
IA No.3762 of 2025 an application for urgent hearing also stands
disposed off.
Certified copy, as per rules.
(VIVEK RUSIA) (BINOD KUMAR DWIVEDI)
JUDGE JUDGE
rcp
