Jitendra Maran vs The State Of Madhya Pradesh
2021 Latest Caselaw 6730 MP

                                                                          1                               CRA-4833-2021
                                               The High Court Of Madhya Pradesh
                                                          CRA-4833-2021
                                                        (JITENDRA MARAN Vs THE STATE OF MADHYA PRADESH)

                                     2
                                     Jabalpur, Dated : 23-10-2021
                                              Heard through Video Conferencing.
                                              Shri M.K. Shrivastava, learned counsel for the appellant.
                                              Shri Sheshraj Kushwara, 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.14974/2021, 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 Additional Sessions Judge/Special Judge (POCSO Act), Bhopal (MP), in Session Trial No. 246/2019 vide its judgment dated 2/08/2021, convicting the appellant/accused under Sections 11 (i)/12 and Section 11 (iv)/12 of POCSO Act, he is sentenced him to undergo RI for 3 years on each count with fine of Rs.250/- each, with default stipulation on

each count as mentioned in the impugned judgment.

Learned counsel for the appellant/accused submits that learned trial court committed grave error in convicting and sentencing to the appellant/accused. Learned trial court did not appreciate the evidence in perspective way. The evidence of prosecutrix is not wholly reliable. 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 of this appeal will take time to conclude the same. There is fair chance to succeed in the appeal. There is no likelihood of his absconding and 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 Signature Not Verified SAN is made for suspension of execution of his jail sentence and grant of bail of

Digitally signed by NAVEEN NAGDEVE Date: 2021.10.23 17:42:47 IST 2 CRA-4833-2021 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-Jitendra Maran 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 17:42:47 IST