Amit Nayak vs The State Of Madhya Pradesh
2022 Latest Caselaw 15914 MP

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                HIGH COURT OF MADHYA PRADESH
                     Criminal Appeal No.9251/2022
             (Amit Nayak Vs. The State of Madhya Pradesh)

Gwalior Bench : Dated : 01.12.2022

      Shri Deependra Singh Kushwah, learned counsel for

appellant.

      Shri B.P.S.Chauhan, learned Public Prosecutor for the

respondent/State.

Heard on I.A.No.15930 of 2022, first application under

Section 389 (1) of Cr.P.C. for suspension of sentence and grant of

bail filed on behalf of appellant.

This criminal appeal under Section 374 of Cr.P.C. is

preferred by appellant against the judgment dated 30.09.2022

passed by the Third Additional Session Judge/Special Judge

(POCSO), District Vidisha (Madhya Pradesh) in Special Case

No.189/2018, whereby appellant has been convicted as under:-

Sections Act         Imprisonment       Fine
354-D        IPC     R.I.   for       6 Rs.200/-with          default
                     months             stipulation
7/8          POCSO R.I. for 3 years     Rs.800/-       with   default
                                        stipulation

              HIGH COURT OF MADHYA PRADESH
                   Criminal Appeal No.9251/2022

(Amit Nayak Vs. The State of Madhya Pradesh)

It is the submission of learned counsel for appellant that the

trial Court erred in convicting and awarding jail sentence to the

appellant. It is further submitted that appellant is suffering

confinement since 11.11.2022 out of jail sentence of three years.

Appellant learnt the lesson hard way and would mend his ways and

would become a better citizen by not involving in any criminal

activity in future. Hearing of appeal will take time. Learned

counsel fairly submits that if appellant is released on bail then

appellant shall abide by all conditions imposed by this Court. Thus,

prayed for suspension of sentence and grant of bail.

Learned Public Prosecutor for the respondent/State opposed

the application and prayed for its dismissal.

Looking to the submissions made by learned counsel for the

parties as well as the fact that final hearing of this appeal would

take some time, application I.A.No.15930/2022 is hereby allowed.

If appellant furnishes bail bond in the sum of Rs.50,000/-

(Rupees Fifty Thousand Only) along with one solvent surety of

HIGH COURT OF MADHYA PRADESH Criminal Appeal No.9251/2022 (Amit Nayak Vs. The State of Madhya Pradesh)

the like amount to the satisfaction of the trial Court that he shall

appear before the Principal Registrar of this Court on 31-01-2023

and on all other subsequent dates as may be fixed by the Office for

appearance, then he shall be released on bail and execution of jail

sentence is suspended till disposal of this appeal.

Appellant shall not move in the vicinity of the

complainant side in any manner and shall not be a source of

embarrassment or harassment to the complainant side in any

manner.

I.A.No.15930 of 2022 stands allowed and disposed of.

Copy of this order be sent to the trial Court concerned for

compliance.

Certified copy as per rules.

                                                         (Anand Pathak)
AK/-                                                         Judge
       ANAND KUMAR
       2022.12.02
       10:34:38 +05'30'