[Cites 8, Cited by 0]
Madhya Pradesh High Court
Sanjay vs State Of M.P. on 25 February, 2026
Author: Vijay Kumar Shukla
Bench: Vijay Kumar Shukla
1 CRA-93-2022
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
CRA No. 93 of 2022
(SANJAY Vs STATE OF M.P. )
Dated : 25-02-2026
Shri Santosh Kumar Meena - Advocate for the appellant.
Shri H.S.Rathore - Govt. Advocate for the respondent / State.
Heard on I.A.No.1609/2026, which is second application under
Section 430 of Bharatiya Nagarik Suraksha Sanhita, 2023 (equivalent to
Section 389(1) of Cr.P.C.) filed for suspension of remaining jail sentence
and grant of bail on behalf of the appellant - Sanjay S/o Bakhtawar Singh
Bagri.
2. The appellant stands convicted under Sections 363, 366 and 376(3)
of Indian Penal Code, 1860 and Section 5/6 of Protection of Children from
Sexual Offences Act, 2012 (hereinafter for short referred as, 'POCSO Act')
and sentenced to undergo 03 years' RI with fine of Rs.500/-; 05 years' RI
with fine of Rs.1,000/-; 20 years' RI with fine of Rs.2,000/-; and 10 years' RI
with fine of Rs.2,000/- respectively with usual default stipulation.
3. As per prosecution case, it is alleged that appellant had abducted the
minor girl and committed sexual assault on her.
4. Learned counsel for the appellant argued that earlier application i.e.
I.A.No.4811/2025 filed by the appellant was dismissed as withdrawn on
20/08/2025, thus there is no order on merit. He argued that prosecution case
is that appellant has abducted the minor girl and had made sexual relationship
with her. He argued that prosecutrix was a consenting party as she had stayed
2 CRA-93-2022
with the appellant for 14 days. The age of the prosecutrix, as per the Scholar
Register, was 13 years and 10 months at the time of incident. He further
argued that there is no source of recording the date of birth of the prosecutrix
in the Scholar Register. Appellant has completed jail sentence of more than
06 years. This is an appeal of the year 2022 and final hearing of the appeal
may take long time. Hence, under such circumstances prayer is made for
suspension of jail sentence and grant of bail.
5 . Per contra, learned counsel for the respondent / State has opposed
the prayer for suspension of jail sentence and submitted that prosecution has
successfully proved the case and the application is liable to be dismissed.
6. After hearing learned counsel for the parties and taking into
consideration the testimony of the prosecutrix, it is clear that she was a
consenting party as she stayed with the appellant for 14 days on her own
volition. Apart from that the prosecution has not proved the source of
recording of date of birth in the Scholar Register. In the case of Teju Bai vs.
State of M.P. reported in 2025(1) MPLJ(Cr.) [175] it has been held that if the
prosecution does not prove the source of date of birth recorded in Scholar
Register and the same is recorded on the guess, the same cannot be the basis
for conviction. Apart from that, appellant has undergone actual jail sentence
of more than 06 years and the appeal is of the year 2022, therefore, final
hearing of the appeal is likely to take considerable time. Hence, without
expressing any conclusive opinion on merits, we find it to be a fit case to
suspend the remaining custodial sentence of the appellant.
7. Accordingly, I.A.No.1609/2026 is allowed and it is directed that the
3 CRA-93-2022
execution of remaining jail sentence against the appellant shall remain
suspended till the final disposal of the appeal and he be released on bail upon
his depositing the fine amount, if not already deposited, and upon furnishing
bail bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one
surety in the like amount to the satisfaction of the trial Court for his
appearance before the Registry of this Court on 06/07/2026 and on all
subsequent dates as may be fixed in this behalf by the Registry.
8. With the aforesaid, I.A stands allowed and disposed off.
9. In light of the aforesaid, I.A.No.2472/2026, which is an application
for early hearing of the application for suspension of jail sentence, also
stands disposed of.
Certified copy as per rules.
(VIJAY KUMAR SHUKLA) (ALOK AWASTHI)
JUDGE JUDGE
Tej
