Hirala Choudhary vs The State Of Madhya Pradesh
2022 Latest Caselaw 1620 MP

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        The High Court Of Madhya Pradesh
                 CRA No. 7489 of 2021
                (HIRALA CHOUDHARY Vs THE STATE OF MADHYA PRADESH)

Jabalpur, Dated : 04-02-2022
      Heard through Video Conferencing.

      Mr.Rajendra Yadav, learned counsel for the appellant.
      Ms.Priyanak Jain, learned Panel Lawyer for the respondent/State.

Record of court below is received.

Heard on the question of admission.

The appeal is admitted for hearing.

Considered I.A.No.21983/2021, which is first application under section 389(1) of Cr.P.C. for suspension of sentence and grant of bail on behalf of the appellant-applicant, Hiralal Choudhary.

By the impugned judgment dated 01.12.2021 passed by Special Judge, Umaria in Case No.SC/26/2018 the appellant/applicant has been convicted for offences under sections 7 read with section 8 of the Protection of Children from Sexual Offences Act, 2012 and sentenced to undergo R.I. for 3 years with fine of Rs.500/- and with default stipulations.

Learned counsel for the applicant submitted that appellant/applicant is

innocent and has been falsely implicated in the crime in question. The impugned judgment has been passed by the trial Court without properly appreciating the oral and documentary evidence available on record. The maximum sentence is R.I. for 3 years. The applicant was on bail during trial and his jail sentence has been suspended by the trial Court till 01.1.2022 and thereafter it was extended upto 02.3.2022 by this Court vide order dated 20.12.2021. The appellant has already deposited fine amount. Final disposal of instant appeal would take considerable time. Therefore, prayer has been made to suspend the jail sentence of the applicant.

Learned Panel Lawyer has opposed the prayer for suspension of sentence and grant of bail.

Considering the over all facts and circumstances of the case; maximum

sentence awarded is of 3 years; looking to the nature of allegation against the applicant; the applicant was bail during trial and his sentence has been suspended by the trial Court; and final disposal of this appeal would take considerable time, without commenting on merits of the case, the application is allowed.

I t is directed subject to deposit of fine amount, if not already

deposited, and on furnishing a personal bond in the sum of Rs.30,000/- (Rupees Thirty Thousand Only) with one surety in the like amount to the satisfaction of the trial Court concerned, the remaining part of the substantive ja il sentence imposed upon appellant- Hiralal Choudhary shall remain suspended during the pendency of this case and he be released on bail. The appellant shall appear before the concerned trial Court on 30.06.2022 and on all subsequent dates, as may be fixed in this regard during the pendency of this appeal.

Accordingly, I.A.No.21983/2021 stands disposed of. List the case for final hearing in due course.

(SMT. ANJULI PALO) JUDGE

RM

Signature Not Verified SAN

Digitally signed by RAJESH MAMTANI Date: 2022.02.04 18:06:11 IST