Doulat Vishwakarma vs The State Of M.P
2021 Latest Caselaw 4242 MP

                                   1                            CRA-4629-2021
        The High Court Of Madhya Pradesh
                   CRA-4629-2021
                     (DOULAT VISHWAKARMA Vs THE STATE OF M.P)

1
Jabalpur, Dated : 12-08-2021
      Heard through Video Conferencing.
      Shri S.K. Sharma, Advocate for the appellant.
      Ms. Seema Jaiswal, P.L. for the respondent/State.

Record of the Trial Court be called for.

Also heard on I.A. No.14394/2021, which is an application under

Section 389(1) of the Cr.P.C. for suspension of sentence and grant of bail filed on behalf of appellant.

This appeal has been preferred against the judgment dated 27.07.2021, passed by Special Judge, POCSO Act Damoh in S. C. No.61/2019, whereby the appellant has been found guilty for the offence punishable under Section 363 of IPC and sentenced him to undergo 3 years RI with fine of Rs.2,000/-, with default stipulations.

Learned counsel for the appellant has submitted that the appellant was on bail during the trial and he did not misuse the liberty granted to him. He

has been falsely implicated in this case. Hence, prayed for suspension of the jail sentence and release of the appellant.

On the other hand, learned counsel for the State opposed the prayer and rejection of the same.

Looking to facts and circumstances of the case and on perusal of record, this Court is of the view that it is a fit case for grant of bail and suspension of sentence.

It is ordered that subject to payment of fine amount, if not already deposited, the execution of jail sentence of the appellant shall remain suspended during the pendency of this appeal and he be released on bail on his furnishing a personal bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) with one surety in the like amount to the satisfaction of the 2 CRA-4629-2021 trial Court for his appearance before the Registry of this Court on 20.12.2021 and thereafter on all other such subsequent dates as may be fixed by the trial Court in this regard.

I n case, the appellant is found absent on any date fixed by the trial Court then the said Court shall be free to issue and execute warrant of arrest without referring the matter to this Court, provided the Registry of this Court

is kept informed.

Certified copy as per rules.

(ARUN KUMAR SHARMA) JUDGE

VD

Signature Not Verified SAN

Digitally signed by VARSHA DUBEY Date: 2021.08.12 16:43:06 IST