Shiv Kumar vs The State Of Madhya Pradesh
2022 Latest Caselaw 1241 MP

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                                            The High Court Of Madhya Pradesh
                                                     CRA No. 7950 of 2021
                                                       (SHIV KUMAR Vs THE STATE OF MADHYA PRADESH)

                                    Jabalpur, Dated : 27-01-2022
                                          Heard through Video Conferencing.

                                          Mr. Sandeep Mahawar, learned counsel for the appellant.
                                          Ms. Chandrakanta Pal, learned Panel Lawyer for the respondent-State.

Record of the trial Court has been received. Heard on the question of admission.

The appeal is admitted for hearing.

Also heard on I.A.No.22893/2021, an application under section 389(1) of Cr.P.C. for suspension of sentence and grant of bail.

B y the impugned judgment dated 11.12.2019 passed in SC No. 13/2018 the Special Judge (POCSO Act), Link Court Harsud, District- Khandwa convicted the appellant under Sections 376(1), 363 and 366 of IPC and sentenced to undergo R.I. for 07 years, 2 years and 3 years with fine of Rs.1,000/-, Rs.300/- and Rs.300/-respectively. The default stipulations have also been imposed by the trial Court.

Learned counsel for the appellant submitted that appellant is innocent

and has been falsely implicated in the crime in question. The trial Court has not properly appreciated the evidence available on record and proceeded to pass the impugned judgment. It is further submitted that at the time of incident, proscutrix was major. The appellant is in jail since 11.12.2019 and has served almost more than half sentence with remission period. As per impugned judgment dated 11.12.2019, earlier the appellant was in jail from 21.05.2018 to 04.09.2019. The final disposal of instant appeal would take considerable time. Therefore, prayer has been made to suspend the jail sentence of the appellant.

Learned Panel Lawyer has opposed the prayer for bail and supported the judgment of conviction and order of sentence passed by the trial Court. Signature Not Verified SAN Considering the over all facts and circumstances of the case as also

Digitally signed by SAVITRI PATEL Date: 2022.01.28 17:24:07 IST

taking into account that appellant has suffered more than half sentence with remission period and looking to the statement of prosecutrix, final disposal of this appeal would take considerable time, without commenting on merits of the case, the application is allowed.

I t is directed that on depositing the fine amount, if not already deposited, and on furnishing a personal bond in the sum of Rs.40,000/-

(Rupees Forty Thousand Only) with a surety in the like amount to the satisfaction of the trial Court concerned, the remaining part of the substantive jail sentence imposed upon appellant-Shivkumar shall remain suspended during the pendency of this case and he be released on bail. The appellant shall appear before the trial Court on 24.06.2022 and on all subsequent dates, as may be fixed in this regard during the pendency of this appeal.

Accordingly, I.A.No.22893/2021 stands disposed of. List the case for hearing in due course.

(SMT. ANJULI PALO) JUDGE

sp

Signature Not Verified SAN

Digitally signed by SAVITRI PATEL Date: 2022.01.28 17:24:07 IST