Rajendra Baiga vs The State Of Madhya Pradesh
2022 Latest Caselaw 16833 MP

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                      CRA No. 10227 of 2022
                                       (RAJENDRA BAIGA Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                           Dated : 19-12-2022
                                 Shri R. S. Rathore - Advocate for the appellant.

                                 Shri P. K. Chourasiya - Panel Lawyer for respondent/ State.

Trial Court record has been received.

Heard on admission.

Prima facie this appeal seems to be arguable. Hence, admitted for final

hearing.

Heard on I.A. No.20988/2022, application under Section 389(1) of Cr.P.C. for suspension of sentence and grant of bail to appellant pending the appeal.

Appellant has been convicted for commission of offence under Sections 341, 354, 354(d) of IPC and Section 7/8 of POCSO Act and has been sentenced to undergo S.I. for 1 month and R.I. for 3-3 years and fine of Rs.1000/-, Rs.1000/-, Rs.1000/- with default stipulations vide judgment dated 27.10.2022 delivered by ASJ/ Special Judge, POCSO Act, Anuppur District

Anuppur (M.P.) in Special Case No.48/2019 (State of M.P. Vs. Rajendra Baiga).

Learned counsel for the appellant has submitted that appellant has not committed any offence. He has been wrongly convicted by the trial Court. Learned counsel for the appellant has submitted that in the course of trial appellant was on bail. He has not misused the liberty granted by way of bail during trial. The appellant has fair chance to succeed in the appeal. It is further submitted that a short sentence of 3-3 years has been awarded by the trial Signature Not Verified Signed by: DEEPA MISHRA Signing time: 12/20/2022 11:08:00 AM

Court and there is no possibility of hearing of this appeal in near future. Therefore, if the execution of jail sentence of appellant is not suspended, the purpose of filing this appeal would become futile. Therefore, it has been prayed that the execution of jail sentence of appellant be suspended and he be released on bail.

On the other hand, learned counsel for the respondent/State has opposed the grant of bail to the appellant.

Having considered the short nature of sentence and the fact that there is no possibility of hearing of this appeal in near future, I am inclined to suspend the remaining jail sentence of the appellant.

Consequently, I.A. No.20988/2022 is allowed. The execution of jail sentence of appellant- Rajendra Baiga is hereby suspended subject to depositing the fine amount, (if not already deposited). It is directed that the appellant be released on bail on his furnishing a personal bond to 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 on 12.5.2023 and also on such other dates, as may be fixed by that Court in this regard during the pendency of this appeal.

List this appeal for final hearing in due course. Certified copy as per rules.

(DINESH KUMAR PALIWAL) JUDGE

mrs. mishra

Signature Not Verified Signed by: DEEPA MISHRA Signing time: 12/20/2022 11:08:00 AM