Madhya Pradesh High Court
Vijay Yadav vs The State Of Madhya Pradesh on 6 May, 2019
1 CRA-9296-2018
The High Court Of Madhya Pradesh
CRA-9296-2018
(VIJAY YADAV Vs THE STATE OF MADHYA PRADESH) 5 Jabalpur, Dated : 06-05-2019 Shri Shashank Trivedi, counsel for the appellant. Shri Vishal Yadav, Dy. Govt. Adv. for the State. Heard on I.A. No.20897/2018, an application under Section 389 (1) of Cr.P.C. for suspension of further custodial sentence and grant of bail on behalf of appellant.
Appellant stands convicted under Sections 363, 366 (A), 376 (2)
(n) of IPC as well as under Section 6 of POCSO Act and sentenced to undergo RI for 3 years with fine of Rs.1,000/- in the first count, RI for 5 years with fine of Rs.1000/- in the second count, RI for 10 years with fine of Rs.5000/- in the third and fourth count jointly, along with default stipulation respectively.
Learned counsel for the appellant submits that appellant is in custody since more than one year. He has falsely been implicated in the case. Prosecutrix was major at the time of incident. Both were known to each other.
Learned counsel for the State submits that prosecutrix was below 18 years. The appellant on the pretext of marriage took her with him and committed rape upon her and pray for rejection of the aforesaid I.A. Perused the statement of the mother of the prosecutrix as well as the doctor. Prosecutrix died during trial, therefore, could not be examined before the trial Court.
After perusal of the evidence, this fact emerges out that prosecutrix did not complain to any one about the incident. She was fall in the love with the appellant. The mother of the prosecutrix admitted that she came to know that her daughter and appellant met with each other in the Digitally signed by PRASHANT BAGJILEWALE Date: 06/05/2019 16:26:53 2 CRA-9296-2018 village.
Considering all the facts and circumstances, custody period already undergone by the appellant and the fact that final disposal of this appeal will take considerable long time, without expressing any opinion on merits of the case, the aforesaid I.A. is allowed and the remaining jail sentence of the appellant is hereby suspended subject to depositing the fine amount, if not deposited already and on furnishing a personal bond of Rs.50,000/- (Rs. Fifty thousand) along with one solvent surety of like amount to the satisfaction of trial Court, the appellant be released on bail with a further direction to mark his presence before the Registry of this Court firstly on 20.06.2019 and also on such other dates as may be notified by the Office in this regard till disposal of this appeal.
List for final hearing in due course.
C. C. as per rules.
(VISHNU PRATAP SINGH CHAUHAN) JUDGE pb Digitally signed by PRASHANT BAGJILEWALE Date: 06/05/2019 16:26:53