Madhya Pradesh High Court
Deen Dayal @ Deenanath Kol vs The State Of Madhya Pradesh on 20 December, 2022
Author: Dinesh Kumar Paliwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 11931 of 2022
(DEEN DAYAL @ DEENANATH KOL Vs THE STATE OF MADHYA PRADESH)
Dated : 20-12-2022
Shri V.C. Rai - Advocate for the appellant.
Shri Pradeep Gupta - Government Advocate for respondent/ State.
Call for the trial Court record.
Heard on I.A. No.23993/2022, an 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
363 and 366 of IPC and has been sentenced to undergo R.I. for 3-3 years and
fine of Rs.250/-250/ with default stipulations vide judgment dated 29.11.2022
delivered by the Special Judge, Prevention of Children from Sexual Offences
Act, Rewa (M.P.) in Special Case No.300161/2015 (State of M.P. Vs.
Deendayal).
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. It is further submitted that a short sentence has been awarded by
the trial Court and there is no possibility of hearing of this appeal in near future.
It is further submitted that after conviction and passing of jail sentence, learned
trial Court itself has suspended the jail sentence till 28.12.2022. It is submitted
that prosecution had not been successful before the trial Court to prove the fact
that at the time of commission of offence prosecutrix was below 18 years of
Signature Not Verified
Signed by: JASLEEN SINGH
SALUJA
Signing time: 12/21/2022
12:20:12 PM
age. In that regard, evidence of the prosecution has not been properly
appreciated by the trial Court. Therefore, appellant has a fair chance to
succeed in this appeal. Hence, 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.23993/2022 is allowed. The execution of jail
sentence of appellant - Deen Dayal @ Deenanath Kol 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 11.05.2023 and also on such other dates, as
may be fixed by that Court in this regard during the pendency of this appeal.
List this case for arguments on admission after receipt of record.
Certified copy as per rules.
(DINESH KUMAR PALIWAL)
JUDGE
Jasleen
Signature Not Verified
Signed by: JASLEEN SINGH
SALUJA
Signing time: 12/21/2022
12:20:12 PM
