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2023 DIGILAW 411 (MP)

Monu Bhilala v. State of Madhya Pradesh

2023-03-24

AMAR NATH (KESHARWANI), SUJOY PAUL

body2023
JUDGMENT Sujoy Paul, J. - The prosecutrix/victim, Mrs. Jyoti Bhilala is present in person. 2. In order to prove identity, she has produced the original 'Aadhar Card', photocopy of which is already on record. She has also produced original birth certificate. 3. I.A No.22898 of 2022, an application under Section 389(1) of the Cr.P.C for suspension of sentence and grant of bail to appellant - Monu Bhilala arising out of judgment dated 01.11.2022 delivered in S.C. No. 783/2021 by XVIII Additional Sessions Judge/Special Judge, POCSO Act, Bhopal, District - Bhopal (M.P.) is taken up. 4. The appellant has been convicted under Section 363 of the IPC and sentenced to undergo R.I. for seven years with fine of Rs.1,000/-, Section 366 of the IPC and sentenced to undergo R.I. for ten years with fine of Rs.1,000/-, Section 376(2)(n) of I.P.C. read with Section 5(l)/6 of POCSO Act, 2012 and sentenced to undergo rigorous imprisonment for twenty years with fine of Rs.1,000/- and Section 376(2)(m) of I.P.C. read with Section 5(J)(ii)/6 of POCSO Act, 2012 and sentenced to undergo rigorous imprisonment for twenty years with fine of Rs.1,000/-, with default stipulations. 5. It is averred in the appeal that the Court below has committed an error of fact and law in determining the age of the prosecutrix. The prosecutrix and the appellant has solemnised marriage and out of said wedlock, a child/son was born on 09.09.2021. The original birth certificate of the said child was shown by the prosecutrix to this Court. On a specific query from the Bench, the victim informed that she is residing in her matrimonial house/house of the present appellant. 6. She further submits that she has no objection if remaining jail sentence of appellant is suspended. 7. Considering the aforesaid factual backdrop coupled with the fact that final hearing of this appeal is not possible in near future, we deem it proper to suspend the remaining jail sentence of the appellant. Accordingly, I.A No.22898 of 2022 is allowed. 8. 6. She further submits that she has no objection if remaining jail sentence of appellant is suspended. 7. Considering the aforesaid factual backdrop coupled with the fact that final hearing of this appeal is not possible in near future, we deem it proper to suspend the remaining jail sentence of the appellant. Accordingly, I.A No.22898 of 2022 is allowed. 8. Subject to depositing the fine amount (if not already deposited), the remaining jail sentence of appellant - Monu Bhilala is hereby suspended and it is directed that the appellant No.3 be released on bail on his furnishing a personal bond for a sum of Rs.30,000/- (Rupees Thirty Thousand only) with one solvent surety of the like amount to the satisfaction of the trial Court with a further direction to appear before the trial Court, Bhopal, District - Bhopal on 9th May, 2023 and also on such other dates as may be fixed by the trial Court in this regard during the pendency of this appeal. 9. Certified copy today.