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Judgment
8 paragraphs · 415 wordsHeard on admission.
Admitted for final hearing.
Also heard on I.A .No.1854/2020 which is the second application filed by the appellant under section 389 (1) of Cr.P.C. for suspension of jail sentence passed by the Court of Special Judge, POCSO District Panna i n Special Case No. 276/2016 convicting the appellant/accused under Sections 363, 366 (K), 376(2) (i), 376 (2)(n) of the IPC sentencing him to undergo RI for 7 years along with fine of Rs.1,000/-, RI for 10 years along with fine of Rs.1,000/-, RI for 10 years along with fine of Rs.1,000/-, RI for 10 years along with fine of Rs.1,000/-respectively and Section 5 r/w 6 of the POCSO Act sentencing him to under go RI fo r 10 years along with fine of Rs.1,000/- along with default stipulation as mentioned in the impugned judgment.
First application filed by the appellant was dismissed for want of prosecution.
Learned counsel for the appellant submits that appellant is in custody since 31.7.2017 and during trial he was in custody for near about 6 months. There is fair chances of him to succeed in the case. The disposal of this appeal will take time. It is further submitted that learned trial Court despite of no evidence with regard to commission of sexual intercourse by the appellant with the prosecutrix, merely on the basis of the statement recorded under Section 164 of the Cr.P.C. the appellant has convicted for commission of rape. The appellant is 21 years old young boy. If the appellant is not released, his right to appeal will be frustrated. There is no likelihood of his absconding. Hence, the application of the applicant be allowed.
On the other hand, learned Govt. Advocate opposed the application and prayed for rejection.
Having considered the arguments advanced by the learned counsel for the parties, in view of this Court, this application is allowed. It is ordered that on depositing fine amount, if not already deposited, the execution of jail sentence of the appellant Mahendra @ Mussi shall remain suspended during the pendency of this appeal and he be released on bail on his furnishing a personal bond for a sum of Rs.50,000/- with a solvent surety in the like amount to the satisfaction of the trial Court for his appearance before the trial Court o n 16.12.2020 and athereafter on all other such subsequent dates as may be fixed by that in this
The appeal be listed for final hearing in due course as per listing policy.