Hari Pritwani @ Hari Mama vs The State Of Madhya Pradesh
2022 Latest Caselaw 921 MP

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        The High Court Of Madhya Pradesh
                 CRA No. 8009 of 2021
(HARI PRITWANI @ HARI MAMA AND OTHERS Vs THE STATE OF MADHYA PRADESH AND OTHERS)

Jabalpur, Dated : 19-01-2022
      Heard through Video Conferencing.

      Shri N.P. Dubey learned counsel for the appellants.
      Ms. Seema Jaiswal, learned Panel Lawyer for the State.
      Heard on the question of admission.
      This criminal appeal is admitted for hearing.
      Heard on I.A.No. 22983/2021, which is the first application for under

Section 389(1) Cr.P.C. for suspension of sentence and grant of bail to the
appellants.
      By impugned judgment dated 15.12.2021 passed by the Special Judge
[POCSO and S.C.S.T. (POA) Act], Jabalpur in Special ATR No.133/2016
the appellants have been convicted under Sections 354 of the I.P.C. and
Section 7/8 of the POCSO Act and sentenced to undergo R.I. for 3 years
with fine of Rs.1000/- each and R.I. for 3 years with fine of Rs.1000/- each
respectively, with default stipulations.
      Learned counsel for the appellants submits that the appellants are

innocent and the judgment passed by the Court below against them is
perverse and illegal. It is further submitted that the maximum sentence
awarded on the appellants is RI for three years. Appellants are on bail till
15.02.2022

. The disposal of this appeal would take considerable time, hence, it is prayed that the jail sentence of the appellants be suspended and they be released on bail.

Learned Panel Lawyer for the State has opposed the prayer for bail. Considering the nature of offence, period of jail sentence awarded to the appellants and taking into account that the jail sentence of the appellants has been suspended by the trial Court till 15.02.2022, without commenting upon the merits of the case, this application is allowed.

It is directed that subject to depositing the fine amount, if not already

deposited and on furnishing a personal bond in a sum of Rs.40,000/- (Rupees Forty Thousand Only) each with one solvent surety each in the like amount to the satisfaction of the trial Court concerned, remaining jail sentence imposed upon appellants namely Hari Pritwani @ Hari Mama and Gaurav Gupta shall remain suspended during the pendency of this case and they shall be released on bail.

The appellants shall appear before the Registry of this Court on 04.05.2022 and on all such subsequent dates, as may be fixed in this regard during pendency of this appeal.

List for final hearing in due course.

(SMT. ANJULI PALO) JUDGE

rj

Signature Not Verified SAN

Digitally signed by RAJESH KUMAR JYOTISHI Date: 2022.01.20 19:13:24 IST