Madhya Pradesh High Court
Mangal vs The State Of Madhya Pradesh on 7 March, 2022
Author: Satyendra Kumar Singh
Bench: Satyendra Kumar Singh
1
The High Court Of Madhya Pradesh
CRA No. 955 of 2017
(MANGAL Vs THE STATE OF MADHYA PRADESH)
Indore, Dated : 07-03-2022
Ms. Shraddha Dixit, learned counsel for the appellant.
Shri Rajesh Joshi, learned Public Prosecutor for the respondent - State.
ORDER
Heard on I.A.No.12671/2021, which is third application filed under Section 389(1) of Cr.P.C. for suspension of sentence and grant of bail to appellant - Mangal S/o Goverdhan Rathore.
Learned Trial Court has convicted the appellant under Sections 450, 376(2)(f)(i)(k)
(n) of IPC alongwith 5(l)/6 of the Protection of Children from Sexual Offences Act and sentenced him to undergo 3 years RI with fine of Rs.1,000/-, 10 years RI with fine of Rs.5,000/- and 10 years RI with fine of 5,000/- respectively with default stipulations vide judgement of conviction and order of sentence dated 06.04.2017 passed by the 1st Additional Sessions Judge (Protection of Children from Sexual Offences) Act, Mandsaur in S. T. No.198/2015.
Appellant's first application for suspension of jail sentence was dismissed as withdrawn vide order dated 27.04.2018. Thereafter, his second application was rejected vide order 13.07.2018.
Brief facts of the case are that, appellant being friend of father of minor prosecutrix, used to come at her house and knowing the fact that prosecutrix is minor, aged about 14 years committed rape upon her repeatedly.
Learned counsel for appellant submits that prosecutrix's mother (PW-1) admitted in her cross-examination that she herself went with the prosecutrix at the time of her admission in the school where she did not produce any certificate with regard to birth of the prosecutrix. She also admits that prosecutrix was born in the house only and her birth certificate was not prepared. The prosecution has not produced any other document, except the scholar register of 5th standard of prosecutrix, wherein her date of birth is written on the basis of her last school leaving certificate. Prosecutrix herself admitted in her cross-examination that after the incident, she again went with the appellant. Learned Trial Court has not properly appreciated the evidence in right perspective. Appellant has already suffered about 6 years in custody, which is more than half of the jail sentence awarded by the Trial Court. In support of his contention, reliance has been placed on the judgmeent dated 06.03.2018 passed by the Rajasthan High Court in the case of Kailash Nath vs. The State of Rajasthan in Cri. A. No.41/2016. There is no likelihood of hearing 2 of appeal in near future. In view of aforesaid, learned counsel for the appellant prays for suspension of remaining jail sentence and grant of bail to the appellant.
Learned Public Prosecutor for the State has opposed the prayer. Having considered the rival submissions, material produced on record against the appellant, period of custody already suffered by the appellant and also considering other facts and circumstances of the case, without expressing any opinion on merits of the case, I.A.No.12671/2021 is allowed and 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 a personal bond in the sum of Rs.50,000/- (Rupees Fifty thousand only) alongwith a solvent surety in the like amount to the satisfaction of Trial Court, for his appearance before the Registry of this Court firstly on 25.04.2022, and on such other dates, as may be fixed by the Registry in this regard, till final disposal of this appeal. I.A.No.12671/2021 stands disposed of.
List the matter for final hearing in due course.
Certified copy, as per Rules.
(SATYENDRA KUMAR SINGH) JUDGE gp GEETA Digitally signed by GEETA PRAMOD DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH INDORE, ou=HIGH COURT OF MADHYA PRADESH BENCH INDORE, postalCode=452001, st=Madhya Pradesh, 2.5.4.20=1dc3d93a178bbacd0e9485f9f6e99335499bddb3250 1850a4984b5b63f6d7a38, PRAMOD pseudonym=12F09B7BC77D4D3D96B764E8FA34B6FE3874D 434, serialNumber=41554F8E701AEEB833278B4FDD900CBED72C CF299EA61E33BBE6175289BA0390, cn=GEETA PRAMOD Date: 2022.03.08 10:19:22 +05'30'