Baijnath Gupat @ Baiju vs The State Of Madhya Pradesh
2021 Latest Caselaw 8056 MP

                                                                       1                                 CRA-5794-2021
                                            The High Court Of Madhya Pradesh
                                                     CRA No. 5794 of 2021
                                                 (BAIJNATH GUPAT @ BAIJU Vs THE STATE OF MADHYA PRADESH)


                                    Jabalpur, Dated : 01-12-2021
                                          Shri Ashish Kurmi, Advocate for the appellant.

                                          Shri Pushpendra Dubey, Panel Lawyer 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.17628/2021, which is first application for suspension of sentence and grant of bail to the appellant.

The appeal has been preferred by the appellant against the judgment dated 23/09/2021, passed by learned Special Judge (POCSO Act), Rewa, district-Rewa, in Special Case No.08/2021.

Appellant stands convicted for the offence punishable under Section 354-A of IPC and has been sentenced to undergo RI for 3 years along with fine of Rs.500/-, Section 7/8 of POCSO Act, sentenced to undergo RI for 3 years, along with fine of Rs. 600/- with the default stipulations.

As per prosecution case, on 23/01/2021, the prosecutrix age about 12 years was taking bath, meanwhile, the appellant-accused showing his private part and told her to come on his shop.

Learned counsel for the appellant-accused submits that learned trial Court has committed grave error in convicting and sentencing to the appellant-accused. It appears from the record that there was previous enmity between both the parties. There are material contradictions and omissions in recoding the evidence and statements of the witnesses. Learned trial Court has already suspended the execution of jail sentence and granted bail to the appellant. This appeal is of year 2021. Final hearing of this appeal will take considerable time. There is every possibility to get success in this appeal. If the appellant is not released on bail, the purpose of filing this appeal will be futile. With the aforesaid submissions, learned counsel for the appellant prays Signature Not Verified SAN

Digitally signed by KUNDAN SHARMA Date: 2021.12.01 17:04:13 IST 2 CRA-5794-2021 for allowing this application and grant bail to him.

O n the other hand, learned counsel for the respondent-State opposes the prayer and submits that the learned trial Court has rightly convicted the appellant, therefore, he prays for dismissal of this appeal.

Having considered the arguments advanced by learned counsel for the

parties and this fact that learned trial Court has already suspended the execution of sentence and granted bail to the appellant, this appeal is of year 2021, it will take time for final hearing, there is every possibility to get success in this appeal, therefore, without commenting anything on the merit of the case, I.A.No.17628/2021 is allowed.

It is ordered that subject to payment of fine amount, if not already deposited, the execution of jail sentence of appellant-Baijant Gupta @ Baiju 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 solvent surety in the like amount to the satisfaction of the concerned trial Court for his appearance before the trial Court on 17.01.2022 and thereafter on all other such subsequent dates, as may be fixed by the trial court in this regard.

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

(RAJENDRA KUMAR SRIVASTAVA) JUDGE

kundan

Signature Not Verified SAN

Digitally signed by KUNDAN SHARMA Date: 2021.12.01 17:04:13 IST