Kanai Kushwaha vs The State Of Madhya Pradesh
2022 Latest Caselaw 5385 MP

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                                                   IN THE HIGH COURT OF MADHYA PRADESH
                                                                AT JABALPUR
                                                                   CRA No. 3353 of 2022
                                                         (KANAI KUSHWAHA Vs THE STATE OF MADHYA PRADESH)

                                     Dated : 12-04-2022
                                           Shri Shashank Upadhyay, learned counsel for the appellant.

                                           Shri    Pramod      Thakre,    learned    Government      Advocate      for    the
                                     respondent/State.

Shri Thakare , learned Government Advocate takes notice of appeal on behalf of State. Now there is no need to issue notice to the respondent/State.

Heard on I.A.No. 6152/2022, application under Section 389(1) of the

Cr.P.C. for suspension of sentence and grant of bail to the appellant Kanai Kushwaha.

T he appellant has been convicted for commission of offence punishable under Sections 363 of IPC and has been sentenced to undergo R.I. for 03 years fine of Rs.2000 with default stipulations by learned Special Judge, POCSO Act, Jatara District Teekamgarh in Special Case No. 24/2020.

Learned counsel for the appellant submitted that appellant has been released on bail by the trial Court itself till 23.04.2022. During course of trial, appellant was on bail and he has not misused the liberty granted to him by way of bail. Learned

counsel for appellant has taken me through the impugned judgment and has further submitted that the evidence of prosecution witnesses is full of omissions, contradictions and discrepancies. Appellant has fair chance to succeed in appeal. There i s no possibility of coming this appeal for final hearing in near future. Therefore, if his jail sentence is not suspended, this appeal would become futile.

T h e prayer is opposed by learned Government Advocate for the respondent/State.

Considering the nature of sentence and contention of learned counsel for the appellant, I deem it proper to suspend the remaining jail sentence of the appellant because final hearing of this appeal is not possible in near future.

Accordingly, aforesaid IA No. 6152/2022 is allowed. Subject to Signature Not Verified SAN depositing the fine amount (if not already deposited) the execution of jail sentence of appellant - Kanai Kushwaha is hereby suspended and it is directed that the Digitally signed by AMITABH RANJAN Date: 2022.04.12 18:37:41 IST

appellants 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 of the like amount to the satisfaction of the trial court with a further direction to appear before the trial Court o n 13.09.2022 and also on such other dates, as may be

fixed by the trial Court in this regard during the pendency of this appeal.

Record of the Trial Court be requisitioned.

Certified copy as per rules.

(DINESH KUMAR PALIWAL) JUDGE

Amitabh

Signature Not Verified SAN

Digitally signed by AMITABH RANJAN Date: 2022.04.12 18:37:41 IST