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2026 Supreme(Online)(MP) 2942
IN THE HIGH COURT OF MADHYA PRADESH AT INDORE
Kamal – Appellant
Versus
The State Of Madhya Pradesh – Respondent
CRA No. 9211 of 2024 | IA No.16012/2025
For the Appellants/Petitioners: Bharat Yadav
For the Respondents: Rahul Solanki
The court may grant suspension of sentence and bail pending appeal in POCSO and IPC cases, considering factual discrepancies such as the victim's age, without commenting on the merits of the conviction.
Headnote:The appellant was convicted under S.366 and S.506 of the IPC, 1860, and S.3/4 of the POCSO Act, 2012, and sentenced to various terms of rigorous imprisonment by the trial court. The appellant filed an application for suspension of sentence pending appeal, highlighting a discrepancy between the victim's age recorded by the trial court and the date of birth mentioned in school records as admitted in a statement under S.164 of the Cr.P.C. The primary issue is whether the appellant is entitled to the suspension of sentence and release on bail during the pendency of the appeal. The court observed the discrepancy in the victim's date of birth and the appellant's age at the time of the incident, deciding to allow the application without commenting on the merits of the case. the application is allowed and it is directed that the execution of remaining jail sentence passed against the appellant shall remain suspended and he be released on bail upon his furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand) with one surety in the like amount to the satisfaction of the trial court
| Table of Content |
|---|
| 1. procedural history and request for bail (Para 1 , 2 , 3 , 4 , 5) |
| 2. observation on victim's age discrepancy (Para 6) |
| 3. grant of bail and conditions imposed (Para 7 , 8 , 9 , 10) |
Heard on admission.
Admit.
2. Also heard on IA No.16012/2025, second application seeking suspension of sentence on behalf of appellant appellant Kamal, who has been convicted under sections 366 & 506 of the IPC, 1860 and 3/4 of POCSO Act, 2012 and sentenced to undergo RI for 7 years with fine of Rs.1,000/-, RI for 1 year with fine of Rs.500/- and RI for 10 years with fine of Rs.3,000/- respectively with further default stipulation vide judgment dated 30.07.2024 in SC No.40/2020 by the Additional Judge & Special Judge, POCSO Act to the Court of ASJ, Bhikangaon, District West Nimar, Mandleshwar (M.P.).
3. First application for suspension of the remaining jail sentence of the appellant was dismissed as withdrawn vide order dated 15.01.2025 by the coordinate Bench of this Court.
4. Counsel for the appellant submits that the trial court has committed error in convicting and sentencing the appellant.The final hearing of the appeal will likely to take long time, hence prayed for suspension of sentence and release of the appellant on bail.
5. Counsel for the State opposed the prayer.
Heard.
6. The Trial Court recorded the age of the victim as 17 years and 6 months on the basis of her date of birth stated as 14.11.2002. However, the victim (PW-1), in paragraph 12 of her statement recorded under Section 164 of the Cr.P.C., categorically admitted that her date of birth as per the school record is 15.01.2002. It is further undisputed that the appellant/accused was 22 years of age at the time of the alleged incident.
7. Considering the above, without commenting on the merit of the case, the application is allowed and it is directed that the execution of remaining jail sentence passed against the appellant shall remain suspended and he be released on bail upon his furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand) with one surety in the like amount to the satisfaction of the trial court for his appearance before the Registry of this Court on 04.03.2026 and on such further dates as may be fixed in this behalf by the Registry during the pendency of this appeal.
8. After being enlarged on bail, the appellant shall also abide by the following conditions:-
(i) the appellant shall not make any inducement, fear or threat to the victim/PW-1;
(ii) the appellant shall not forward massage either physical or by any mode of media;
(iii) the appellant shall not commit any similar offence;
(iv) in case of violation of any of the condition, the order of suspension shall stands recall automatically without further reference to this Court.
9. A copy of this order be forwarded to the victim in the light of judgment in the case of Aparna Bhatt vs. State of MP . - AIR 2021 SC 1492.
10. List the matter for final hearing in due course.
