Raja vs State Of Madhya Pradesh

Heard on I.A. No.10110/2023, which is an application filed under Section 389(1) of Cr.P.C. for suspension of jail sentence and grant of bail moved on behalf of appellant Raja s/o Narmada Prasad Tyagi.

The appellant has been convicted under Sections 363, 366, 344 of the IPC and 5(L)/6 of the POCSO Act and sentenced to undergo 3 years R.I. with fine of Rs.500/-, 3 years R.I. with fine of Rs.500/-, 1 year R.I. with fine of Rs.500/- and and 20 years R.I. with fine of Rs.1,500/- respectively with default stipulation, vide judgement of conviction and order of sentence dated 04.01.2020 passed by the Second Additional Sessions Judge, Shujalpur, District Shajapur (M.P.) in Sessions Trial No.09/2019.

The allegations against the appellant is that on 16.11.2018, he had fled away with the minor daughter of the complainant and abused her physically and committed offence against her. On the basis of the aforesaid, crime has been registered.

Learned counsel for the appellant submitted that appellant has falsely been implicated in the case. In the Police statement recorded on 06.12.2018, the prosecutrix has stated that she left her house along with the appellant and also stated that she fell in love with the appellant and disclosed the same before her mother but she and other family members were not allowing her to marry with the appellant therefore, she decided to leave the house. She had gone along with the appellant on her own and had sexual relations with him voluntarily with her full consciousness and consent. This appeal is of the year 2020 and final hearing of this appeal is not possible in near future, therefore, it is prayed that the remaining jail sentence of the appellant may be suspended and he may be released on bail.

Per contra, learned Government Advocate for the respondent/State has supported the impugned judgment and prays for rejection of the application for suspension of sentence.

We have heard learned counsel for both the parties and perused the record.

Looking to the facts and circumstances of the case and considering the evidence available on record against the appellant, coupled with the fact that final hearing of this appeal is not possible in near future, I.A. No.10110/2023 is allowed and the jail sentence of the appellant shall remain suspended.

It is directed that subject to depositing the fine amount, if already not deposited, appellant shall be released on bail, on furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of trial Court, for his appearance before the concerned trial Court firstly on 31.10.2023, and on such other dates, as may be fixed by the concerned Court in this regard, till final disposal of this appeal.

List for final hearing as per its turn. C.C. as per rules.