Madhya Pradesh High Court
Rajesh vs The State Of Madhya Pradesh on 12 December, 2023
Author: Roopesh Chandra Varshney
Bench: Roopesh Chandra Varshney
1 IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 4809 of 2022 (RAJESH Vs THE STATE OF MADHYA PRADESH) Dated : 12-12-2023 Shri Akshay Khandelwal - Advocate for the appellant.
Ms.Ekta Gupta - Panel Lawyer for the State.
Heard on IA No.25721/2023, which is second application under Section 389(1) of Cr.P.C. for suspension of sentence and grant of bail moved on behalf of appellant. Earlier bail applications was dismissed as withdrawn.
Appellant has been convicted under Section 363 and 366-A of IPC and Section 6 of POCSO Act sentenced as mentioned in the impugned judgment dated 12.07.2021 passed in SPL. ST. No.69/20 by Additional Session Judge, Deori, District Sagar, M.P. It is submitted by the counsel for the appellant that the appellant is in jail for more than two and half years. He has been falsely implicated. It is further submitted that appeal is of the year 2022 and there is no likelihood of appeal being taken up for final hearing. Under such circumstances, sentence of the appellant may be suspended.
Learned counsel for the State has opposed the application. Considering overall facts and circumstances of the case and the fact that appeal is of the year 2022 and there is no likelihood of early hearing of the appeal in near future, however, without touching merits of the matter, appellant is held entitled for suspension of jail sentence and grant of bail.
Accordingly, IA No.25721/2023 stands allowed and it is directed that the jail sentence of appellant shall remained suspended and he be released on bail upon his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Signature Not Verified Signed by: SARSWATI MEHRA Signing time: 13-12-2023 14:01:55 2 F ifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the trial Court subject to verification of factum regarding deposit of fine amount. Appellant is directed to appear before the trial Court first on 01.02.2024 and on other subsequent dates as may be fixed in this behalf.
List for final hearing in due course.
(ROOPESH CHANDRA VARSHNEY) JUDGE sm Signature Not Verified Signed by: SARSWATI MEHRA Signing time: 13-12-2023 14:01:55