Madhya Pradesh High Court
Vikas Jat vs The State Of Madhya Pradesh on 29 October, 2021
Author: Rajendra Kumar Srivastava
1 CRA-4715-2021
The High Court Of Madhya Pradesh
CRA No. 4715 of 2021
(VIKAS JAT AND OTHERS Vs THE STATE OF MADHYA PRADESH AND OTHERS)
3
Jabalpur, Dated : 29-10-2021
Shri Mukesh Kumar Mishra, Advocate for appellants.
Shri Sanjeev Singh, P.L for the respondent-State.
Record of the trial court is available on record.
Appeal is admitted for final hearing.
Also heard on I.A.No. 14610/2021, which is an application filed
by the accused/appellants, under section 389 (1) of Cr.P.C. for
suspension of his jail sentence awarded by the Court of 23 Additional
Session Judge/Special Judge (POCSO Act), District Bhopal (MP), in
S.T. No. 486/2018 vide its judgment dated 30/07/2021, convicting
the appellants/ accused under Section 354-A of IPC, sentenced to
undergo R.I. for 1 year with fine of Rs.500/-, Section 354-D of IPC,
sentenced to undergo R.I. for 1 year with fine of Rs.500/- and Section
11/12 of POCSO Act and sentenced him to undergo RI for 1 year
with fine of Rs. 500/- with default stipulation as mentioned in the
impugned judgment.
Learned counsel for the appellants/accused submits that learned
trial court committed grave error in convicting and sentencing to the
appellants/accused. Learned trial court did not appreciate the
evidence in perspective way. Appellants/ accused have been falsely
implicated in this case. Learned trial Court has already suspended the
execution of jail sentence of appellants and granted bail till
30.08.2021, thereafter this court extended the temporary bail period
of the appellants till 29.10.2021. This appeal is of the year 2021 and
Signature Not Verified
hearing of this appeal will take time to conclude the same. There is
SAN
Digitally signed by ARVIND KUMAR
MISHRA
Date: 2021.10.29 17:49:54 IST
2 CRA-4715-2021
fair chance to succeed in the appeal. There is no likelihood of their
absconding and tampering with the evidence. Under the
circumstances, if the execution of sentence of the appellants is not
suspended, their right to file appeal will be futile. Hence, prayer is
made for suspension of execution of their jail sentence and grant of
bail of present appellants/ 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
Co u rt has already suspended the execution of jail sentence of
appellants and granted bail till 30.08.2021, thereafter this court
extended the temporary bail period till 29.10.2021, 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-
Vikas Jat and Surendra Singh Tomar shall remain suspended during
the pendency of this appeal on their furnishing a personal bond for a
sum of Rs.50,000/-(Rupees Fifty Thousand Only) each with one
solvent surety of Rs. 50,000/- each to the satisfaction of the trial
Court for their appearance before the trial court on 06/01/2022 and
thereafter on all other such subsequent dates, as may be fixed by the
trial court in this regard.
In case, the appellants are found absent on any date fixed by the
trial court then the said court shall be free to issue and execute
Signature Not Verified
SAN
warrant of arrest without referring the matter to this Court, provided
Digitally signed by ARVIND KUMAR
MISHRA
Date: 2021.10.29 17:49:54 IST
3 CRA-4715-2021
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
MISHRA
Signature Not Verified
SAN
Digitally signed by ARVIND KUMAR
MISHRA
Date: 2021.10.29 17:49:54 IST
