Meghnath vs The State Of Madhya Pradesh
2022 Latest Caselaw 844 MP

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        The High Court Of Madhya Pradesh
                 CRA No. 7903 of 2021
                (MEGHNATH Vs THE STATE OF MADHYA PRADESH AND OTHERS)

Jabalpur, Dated : 18-01-2022
       Heard through Video Conferencing.

       Mr.Sanjay Sharma, learned counsel for the appellant.
       Mr.C.L.Sethi, learned Panel Lawyer for the respondent/State.

Heard on the question of admission.

The appeal is admitted for hearing.

Also heard on I.A.No.22803/2021, an application under section 389(1)

of Cr.P.C. for suspension of sentence and grant of bail.

By the impugned judgment dated 25.11.2021 passed in SCATR/100/2019 the Special Judge (POCSO), Balaghat convicted the appellant under sections 354 of IPC, 3(2)(v) of Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 r/w section 354 IPC, 3(1)(s) of 1989 Act and 3(1)(r) of 1989 Act in alternative 506 Part-II of IPC and sentenced to undergo R.I. 1 year, 1 year, 6 months and 2 years with fine of Rs.1,000/-, Rs.1000/-, Rs.500/- and Rs.2,000/- respectively with default stipulation.

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 passed the impugned judgment. The appellant is in bail upto 19.1.2022 by the order of the trial Court. 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 submitted that appellant has criminal antecedent. He also supported the judgment of conviction and order of sentence passed by the trial Court.

Considering the over all facts and circumstances of the case; the appellant has been convicted maximum for a period of 2 years; the appellant

is on bail by the order of trial Court upto 19.1.2022; 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.50,000/- (Rupees Fifty Thousand Only) with a 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-Meghnath shall remain suspended during the pendency of this case and he be released on bail. The appellant shall appear before the trial Court on 4.05.2022 and on all subsequent dates, as may be fixed in this regard during the pendency of this appeal.

Accordingly, I.A.No.22803/2022 stands disposed of. List the case for hearing in due course.

(SMT. ANJULI PALO) JUDGE

RM

Signature Not Verified SAN

Digitally signed by RAJESH MAMTANI Date: 2022.01.19 12:51:55 IST