Annu vs The State Of Madhya Pradesh
2021 Latest Caselaw 3625 MP

                                    1                            CRA-3202-2021
        The High Court Of Madhya Pradesh
                   CRA-3202-2021
                      (ANNU Vs THE STATE OF MADHYA PRADESH)

3
Jabalpur, Dated : 26-07-2021
      Heard through Video Conferencing.
      Ms. Durgesh Gupta, Advocate for the appellant.
      Ms. Ashwini Paranjpe, Panel Lawyer for the respondent/State.

Heard on I.A.No.9107/2021 filed under Section 389(1) of Cr.P.C on behalf of the appellant Annu for suspension of substantive jail sentence.

Appellant has been convicted by the judgment dated 03.03.2021 passed by Special Judge (POCSO Act) Chhindwara/ II ASJ Chhindwara (M.P.) in Special Case No.300209/2014. The trial Court convicted the appellant Annu for the offence under Section 314 of IPC awarded sentence of 5 years with fine of Rs.3000/- with default stipulation.

Learned counsel for the appellant submits that the appellant was on bail during trial and there is no allegation of misusing the same. The appellant is in jail since 03.03.2021 and if he is not released on bail the purpose of filing the present appeal would become infructuous. Hence prayer is made to suspend

the jail sentence and release on bail.

Learned Panel Lawyer opposed the bail application. Having considered the arguments advanced by the learned counsel for the parties and looking to the other facts and circumstances of the case and the evidence available on record, this application (I.A. No.9107/2021) is allowed. It is ordered that subject to payment of fine amount, if not already deposited, the execution of jail sentence of the appellant Annu 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 trial Court for his appearance before the trial Court on 13.12.2021 and thereafter on all other such subsequent dates as may be fixed by the trial 2 CRA-3202-2021 Court in this regard.

In 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.

The appeal be listed for final hearing in due course as per listing policy.

Certified copy as per rules.

(ARUN KUMAR SHARMA) JUDGE

Vin**

Signature Not Verified SAN

Digitally signed by VINOD SHARMA Date: 2021.07.26 17:43:47 IST