Pramendra @ Rohit Yadav vs The State Of Madhya Pradesh

Madhya Pradesh High Court

Pramendra @ Rohit Yadav vs The State Of Madhya Pradesh on 27 May, 2024

Author: Dinesh Kumar Paliwal

Bench: Dinesh Kumar Paliwal

                                                               1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                        CRA No. 5879 of 2024
                                    (PRAMENDRA @ ROHIT YADAV Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                          Dated : 27-05-2024
                                Shri Prahlad Choudhary - Advocate for the appellant.

                                Shri Anshul Mishra - Panel Lawyer for the respondent /State.

Call for the Trial Court record.

Heard on I.A. No.11755/2024, an application under Section 389(1) of Cr.P.C. for suspension of sentence and grant of bail to appellant, pending the appeal.

Appellant has been convicted for commission of offence under Section 366 of IPC and has been sentenced to undergo R.I. for 03 years and fine of Rs.1000/- with default stipulation vide judgment dated 2.5.2024 delivered by 4th Additional Sessions Judge & Special Judge (POCSO Act), Narsinghpur in Special Case No.05/2024 (State of M.P. Vs. Pramendra @ Rohit Yadav).

Learned counsel for the appellant has submitted that appellant has not committed any offence. He has been erroneously convicted by the trial Court. It is submitted that in the course of trial appellant was on bail. He has not misused the liberty granted by way of bail during trial. Even after conviction and passing of order of jail sentence, learned trial Court itself had suspended the jail sentence of the appellant till 2.6.2024. The appellant has fair chance to succeed in the appeal. It is further submitted that a short sentence has been awarded by the trial Court and there is no possibility of hearing of this appeal in near future. Therefore, if the execution of jail sentence of appellant is not suspended, the purpose of filing this appeal would become futile. Therefore, it has been prayed that the execution of jail sentence of appellant be suspended and he be released Signature Not Verified Signed by: DEEPA MISHRA Signing time: 5/28/2024 12:05:26 PM 2 on bail.

On the other hand, learned counsel for the respondent/State has opposed the grant of bail to the appellant.

Having considered the short nature of sentence and the fact that there is no possibility of hearing of this appeal in near future, I am inclined to suspend the remaining jail sentence of the appellant.

Consequently, I.A. No.11755/2024 is allowed. The execution of jail sentence of appellant- Pramendra @ Rohit Yadav is hereby suspended subject to depositing the fine amount, (if not already deposited). It is directed that the appellant be released on bail on his furnishing a personal bond to a sum of Rs.50,000/- (Rupees fifty 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 on 11.11.2024 and also on such other dates, as may be fixed by that Court in this regard during the pendency of this appeal.

List this case for admission after receipt of trial Court record. Certified copy as per rules.

(DINESH KUMAR PALIWAL) JUDGE mrs. mishra Signature Not Verified Signed by: DEEPA MISHRA Signing time: 5/28/2024 12:05:26 PM