Akash vs State Of Madhya Pradesh

Heard on I.A. No.5203/2020, an application under Section 389 (1) of Cr.P.C for suspension of sentence and grant of bail moved on behalf of appellant -Akash.

The appellant has been convicted for offence under Sections 3/4 of Protection of Children from Sexual Offences Act, 2012 along with Sections 363 and 366 of IPC, 1860; sentenced to undergo 7 years R.I under each sections with fine of Rs.2000/-, 500/-, 500/- respectively and usual default stipulation vide judgment dated 21/08/2019, passed by Additional Sessions Judge, Bikangaon, District Khargone, in S.T. No.14/2017.

Learned counsel for the appellant has submitted that according to the prosecution age of the prosecutrix was 17 years and 10 months at the time of the incident. The appellant has been acquitted by trial Court for offence under Section 376(2)(h), (2)(j), (2)(n) and 376(d) of IPC, 1860 as well as under Section 5(g)/6, 5(l)/6 of Protection of Children from Sexual Offences Act, 2012, however, on the same set of evidence the trial Court convicted the appellant for offence under Sections 363 and 366 of IPC, 1860 along with Sections 3/4 of Protection of Children from Sexual Offences Act, 2012.

When the appellant has already been acquitted from offence under Section 376 of IPC, 1860, then no question arises against the appellant that he could have abducted the prosecutrix with intend to force her for sexual relationship, therefore, the trial Court had erred in convicting the appellant for offence under Section 366 of IPC.  The appellant is in custody since 28/06/2017 and he has already completed more than 3 years in jail.

There is no possibility of hearing of the appeal in near future.  There are fair chances of success in the appeal. If the sentence of the appellant is not suspended, the present appeal may turn infructuous. The appellant is ready to deposit the fine amount.

Under these circumstances, counsel prayed for suspension of remaining jail sentence of the appellant and grant of bail.

Learned Panel Lawyer opposes the application, submitting that no sufficient ground is made out for releasing the appellant on bail, hence the application filed by the appellant be dismissed.

Considering the facts and circumstances of the case and the arguments advanced by learned counsel for the parties, this Court is of the considered opinion that the application for suspension of custodial sentence moved on behalf of the appellant deserves to be allowed .

Accordingly, I.A. No.5203/2020 is allowed and it is directed that subject to depositing the fine amount and on furnishing personal bond by appellant  in the sum of Rs.50,000/- (Rupees fifty thousand only) with a solvent surety in the like amount to the satisfaction of the learned trial Court, for his regular appearance before this Court, the execution of custodial part of the sentence imposed against the appellant shall remain suspended, till the final disposal of this appeal.

Appellant -Akash, after being enlarged on bail, shall mark his presence before the Registry of this Court on 06/01/2021 and on all such subsequent dates, as may be fixed by the Registry in this regard.

Certified copy, as per Rules.