Madhya Pradesh High Court
Sidharath Raut vs The State Of Madhya Pradesh on 23 October, 2021
Author: Rajendra Kumar Srivastava
1 CRA-4888-2021
The High Court Of Madhya Pradesh
CRA-4888-2021
(SIDHARATH RAUT Vs THE STATE OF MADHYA PRADESH)
2
Jabalpur, Dated : 23-10-2021
Heard through Video Conferencing.
Shri Sanjay Sharma, learned counsel for the appellant.
Smt. Hemlata Khatri, learned Panel Lawyer for the respondent-State.
Heard on admission.
Appeal is admitted for final hearing.
Record of the court below is available on record.
Also heard on I.A.No. 15097/2021, which is an application filed by
the accused/appellant, under section 389 (1) of Cr.P.C. for suspension of his
jail sentence awarded by the Court of Special Judge (POCSO Act),
Waraseoni District Balaghat (MP), in Special Case No. 35/2019 vide its
judgment dated 11/08/2021, convicting the appellant/accused under Sections
341, 354 of IPC, he is sentenced him to undergo RI for 1 month, RI for 3
years with fine fine of Rs. 1000/- and under section 8 of POCSO Act, 2012,
sentenced him to undergo RI for 3 years with fine of Rs.1000/- with default
stipulation as mentioned in the impugned judgment.
Learned counsel for the appellant/accused submits that learned trial
c o u r t committed grave error in convicting and sentencing to the
appellant/accused. Learned trial court did not appreciate the evidence in
perspective way. It is further submitted that there is enmity between both the
parties therefore, appellant/accused has been falsely implicated in this case.
Appellant/accused has produced Arvind Meshram (DW-1) but learned trial
court did not consider the evidence of Arvind Meshram (DW-1) in proper
way. Learned trial Court has already suspended the execution of jail sentence
of accused/appellant and granted bail. This appeal is of year 2021 and hearing
o f this appeal will take time to conclude the same. There is fair chance to
Signature Not Verified
SAN
succeed in the appeal. There is no likelihood of his absconding and
Digitally signed by NAVEEN NAGDEVE
Date: 2021.10.23 17:42:48 IST
2 CRA-4888-2021
tampering with the evidence. Under the circumstances, if the sentence of the
appellant is not suspended, his right to file appeal will be futile. Hence, prayer
is made for suspension of execution of his jail sentence and grant of bail of
present appellant/accused.
Learned Panel Lawyer has opposed the application and prayed for its
rejection.
Having considered the arguments advanced by learned counsel for the
parties, on perusal of the record and the fact that learned trial Court has
already suspended the execution of jail sentence of appellant and granted bail,
this appeal is of year 2021, final hearing of this appeal will take time, but
without commenting anything on the merit of the case, the said I.A. is
allowed. It is ordered that subject to payment of fine amount, if not already
deposited, the execution of jail sentence of the appellant-Sidharth Raut
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 amount of Rs.
50,000/- to the satisfaction of the trial Court for his appearance before the
trial court on 12/01/2022 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.
List this matter for final hearing in due course, as per listing policy.
C.C. as per rules.
(RAJENDRA KUMAR SRIVASTAVA)
JUDGE
navin
Signature Not Verified
SAN
Digitally signed by NAVEEN NAGDEVE
Date: 2021.10.23 17:42:48 IST
