Sushil Godbolau vs The State Of Madhya Pradesh
2021 Latest Caselaw 8055 MP

                                                                           1                              CRA-5325-2021
                                               The High Court Of Madhya Pradesh
                                                        CRA No. 5325 of 2021
                                                       (SUSHIL GODBOLAU Vs THE STATE OF MADHYA PRADESH)


                                       Jabalpur, Dated : 01-12-2021
                                             Shri V.K. Solanki, learned counsel for the appellant.

                                             Shri Anuj Singh, learned P.L. for the respondent/State.

Record of the trial Court is available.

Heard on the question of admission.

Appeal is admitted for final hearing

Also heard on I.A. No.16281/2021, an application for suspension of sentence and grant of bail to the appellant-Sushil Godbolay.

The appeal has been preferred under Section 374(2) of the Cr.P.C.,1973 b y the appellant/accused against judgment dated 18.08.2021 passed by learned Special Judge, Chindwara (MP) in Special Session Trial No. SC/1608/2021, by which the appellant has been convicted for offence under Section 341 of IPC and has been sentenced to undergo R.I. for 1 month and Section 7/8 of POCSO Act and has been sentenced to undergo R.I. for 3 years and fine of Rs. 2,000/- with default stipulations.

Prosecution case, in short, is that on 29.03.2021, appellant/accused restrained the prosecutrix on the way. Thereafter, he pressed her breast. She cried then appellant/accused ran away.

L e a r n e d counsel for the appellant/accused submits that appellant/accused has been falsely implicated in this case. Learned trial Court did not appreciate the evidence in perspective way. It appears from the record that there was dispute to take water from the hand pump. There are material contradictions and omissions in the evidence of witnesses. Appellant/accused is in custody since 30.03.2021. This appeal is of the year 2021. There are fair chances to succeed in the appeal. Final hearing of this appeal will take time. Therefore, the application filed on behalf of the appellant may be allowed and the period of his remaining jail sentence may be suspended further and he may be released on bail.

Signature Not Verified
  SAN




Digitally signed by LALIT SINGH RANA
Date: 2021.12.01 16:51:17 IST
                                                                           2                            CRA-5325-2021

Learned P.L. for the respondent/State has opposed the application. H e a r i n g argument of both the parties and this fact that appellant/accused is in custody since 30.03.2021, this appeal is of the year 2021, final hearing of this appeal will take time, but without expressing any opinion on the merits of the case, I am of the considered opinion that it would

be appropriate to suspend the execution of jail sentence awarded to the appellant and grant bail to him.

Consequently, I.A. No.16281/2021 is allowed subject to deposit of fine amount, if not already deposited. The custodial sentence awarded to the appellant shall remain suspended during the pendency of this appeal.

Appellant-Sushil Godbolay be released from custody subject to his furnishing a personal bond in the sum of Rs. 50,000/- (Rupees Fifty Thousand Only), with one surety in the like amount, to the satisfaction of the trial Court. The appellant shall appear and mark his presence before the trial Court on 21.02.2022 and shall continue to do so on all such future dates, as may be given by the trial Court in this behalf, during pendency of the matter.

List the matter for final hearing in due course. C.C. as per rules.

(RAJENDRA KUMAR SRIVASTAVA) JUDGE

L.R.

Signature Not Verified SAN

Digitally signed by LALIT SINGH RANA Date: 2021.12.01 16:51:17 IST