Madhya Pradesh High Court
Ravi vs The State Of Madhya Pradesh on 18 July, 2022
Author: Anjuli Palo
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 5666 of 2022
(RAVI AND OTHERS Vs THE STATE OF MADHYA PRADESH AND OTHERS)
Dated : 18-07-2022
Mr.J.A.Shah, learned counsel for the appellants.
Mr.Ravindra Shukla, learned Panel Lawyer for the respondent/State.
Heard on the question of admission. The appeal seems to be arguable. It
is admitted for hearing.
Considered I.A.No.12192/2022, which is an application for suspension
of sentence and grant of bail on behalf of appellants-applicants, namely, Ravi
and Mahadev.
By the impugned judgment dated 03.6.2022 passed by Additional
Sessions Judge, Pandurna, District Chhindwara in SC No.07/2020 the
appellant No.1 has been convicted for offences under sections 11/12 of
POCSO Act and sentenced to undergo R.I. for 03 years & fine of Rs.1000/-
and appellant No.2 has been convicted for offence u/s 323/34 of IPC and
sentenced to S.I. for 06 months & fine of Rs.500/- with default stipulations.
Learned counsel for the appellants submitted that appellants are innocent
and have been falsely implicated in the crime in question. The trial Court has not
properly appreciated the oral and documentary evidence available on record.
The appellants were on bail during trial. The fine amount has already been
deposited. The jail sentence of the appellants has already been suspended by
the trial Court itself upto 24.07.2022. The final disposal of this appeal would
take considerable time. Hence, prayer has been made to suspend the sentence
Signature Not Verified
SAN of the appellants.
Digitally signed by RAJESH MAMTANI
Date: 2022.07.19 18:32:39 IST Learned Panel Lawyer has opposed the prayer for suspension of
sentence and grant of bail.
Considered the over all facts and circumstances of the case; the
maximum sentence awarded is 03 years; fine amount has been deposited; the
appellants were on bail during trial and their jail sentence has been suspended till
24.7.2022; final disposal of this appeal would take considerable time, without
commenting on merits of the case the interlocutory application stands allowed.
I t is directed that subject to furnishing a personal bond in a sum of
Rs.40,000/- (Rupees Forty Thousand only) each with one surety each in the
like amount to the satisfaction of the trial Court concerned, the custodial
sentence of appellant no.1-Ravi s/o Basanta and appellant No.2-Mahadev
s/o Siraj shall remain suspended and they shall be released on bail for securing
their presence before the trial Court concerned on 12.12.2022 and on such
other dates as may be fixed in this regard during pendency of this appeal. The
appellants shall regularly appear before the trial Court concerned on every date,
without fail.
I.A.No.12192/2022 is allowed.
List for final hearing in due course.
(SMT. ANJULI PALO)
JUDGE
RM
Signature Not Verified
SAN
Digitally signed by RAJESH MAMTANI
Date: 2022.07.19 18:32:39 IST
