Madhya Pradesh High Court
Shri Ram vs The State Of Madhya Pradesh on 23 October, 2021
Author: Rajendra Kumar Srivastava
1 CRA-5280-2021
The High Court Of Madhya Pradesh
CRA-5280-2021
(SHRI RAM Vs THE STATE OF MADHYA PRADESH)
2
Jabalpur, Dated : 23-10-2021
Heard through Video Conferencing.
Shri M.R. Verma, 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. 16133/2021, 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 Second Additional Sessions Judge,
Lakhnadoun, District Seoni (MP), in Special Case No. 63/2021 vide its
judgment dated 17/08/2021, convicting the appellant/accused under Sections
341 of IPC, he is sentenced him to undergo RI for 1 month and under
Sectiions 354, 354(A)(1)(i) of IPC read with section 7, 8 of POCSO Act,
2012, sentenced him to undergo RI for 3 years with fine of Rs. 2000/- on
each count 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 both the parties are neighbors and
at the time of incident some dispute arose between them due to which
appellant/accused and prosecutrix beaten each other therefore,
appellant/accused has been falsely implicated in this case. 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.
Signature Not Verified
SAN
There is no likelihood of his absconding and tampering with the evidence.
Digitally signed by NAVEEN NAGDEVE
Date: 2021.10.23 17:42:48 IST
2 CRA-5280-2021
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-Shri Ram 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
