Nilesh Vishwakarma vs The State Of Madhya Pradesh
2022 Latest Caselaw 585 MP

                                                                     1                              CRA-5284-2021
                                            The High Court Of Madhya Pradesh
                                                     CRA No. 5284 of 2021
                                            (NILESH VISHWAKARMA Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                                  Jabalpur, Dated : 12-01-2022
                                        Heard through Video Conferencing.

                                        Shri Aditya Vyas, learned counsel for the appellant.
                                        Shri Pradeep Gupta, learned G.A. for the respondent No.1/State.

None for the respondent No.2, though served. Record has been received.

Heard on the question of admission.

Appeal seems to be arguable, hence it is admitted for final hearing. Also heard on I.A. No.16149/2021, which is an application under Section 389(1) of Cr.P.C. for suspension of the custodial sentence passed against appellant Nilesh Vishwakarma and release him on bail.

This appeal has been preferred against the judgment dated 07/08/2021 passed by Special Judge, SC/ST (Prevention of Atrocities) Act, Narsinghpur in SC ATR No.853/2018, whereby learned Special Judge found the appellant guilty for the offence punishable under Sections 454, 354, 354-A(i), 354(D) of the IPC and sentenced him to undergo R.I. for one year with fine of Rs.500/-,

R.I. for two years with fine of Rs.1,000/-, R.I. for one year with fine of Rs.500/- and R.I. for one year with fine of Rs.500/- respectively with default clause.

Learned counsel for the appellant submitted that it is alleged that the applicant molested the prosecutrix, but in this regad there are many contradiction and omission in the statement of prosecutrix. It is alleged that applicant molested the prosecutrix in Aanganwadi, but prosecution did not produce any independent witness in this regard. Learned trial Court without appreciating the evidence properly, wrongly convicted the appellant for the aforesaid offences. Earlier the Trial Court suspended the jail sentence of the appellant till 13/09/2021, thereafter, this Court extended the period of Signature Not Verified SAN suspension till 12/01/2022. Hence prayed for suspension of the jail sentence

Digitally signed by ANURAG SONI Date: 2022.01.12 17:00:03 IST 2 CRA-5284-2021 and release of the appellant on bail since the hearing of this appeal will take time.

O n the other hand learned counsel for the State opposed the prayer and submitted that the guilt of the appellant was proved beyond reasonable doubt, therefore, learned trial Court has rightly convicted and sentenced the appellant.

Looking to the contention of learned counsel for the appellant, considering the facts and circumstances of the case and the fact that the trial Court has already suspended the jail sentence of the appellant and according to listing policy the hearing of this appeal will take time, the application is allowed and it is directed that the execution of the jail sentence alone passed against the appellant shall remain suspended during the pendency of this appeal and he be released on bail upon furnishing personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand only) with one surety in like amount to the satisfaction of the trial Court for his appearance before the Registry of this Court on 25/04/2022 and on such further dates as may be fixed in this behalf by the Registry during the pendency of this appeal.

List the matter for final hearing in due course. C.C. on payment of usual charges.

(RAJEEV KUMAR DUBEY) JUDGE

as

Signature Not Verified SAN

Digitally signed by ANURAG SONI Date: 2022.01.12 17:00:03 IST