Rahul Tanwar vs The State Of Madhya Pradesh
2022 Latest Caselaw 3768 MP

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                                    IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
                                                                CRA No. 1350 of 2022
                                                       (RAHUL TANWAR Vs THE STATE OF MADHYA PRADESH)

                                Dated : 16-03-2022
                                      Ms. Savita Choudhary, learned counsel for the appellant.
                                      Shri Vinod Tiwari, learned Panel Lawyer for the respondent/State takes

notice on behalf of the respondent/State.

Heard on admission.

The appeal is admitted for final hearing.

Also heard on I.A. No.2206/2022, application for suspension of sentence

and grant of bail.

The appellant has been convicted under Section 354 of IPC and Section 8 of the Protection of Children from Sexual Offences Act and sentenced to undergo R.I. for 1 year and fine of Rs.1000/- and R.I. for 3 years and fine of Rs.1000/-, respectively, with default stipulations.

Learned counsel for the appellant submitted that during trial the appellant has remained on bail and has not misused the liberty granted to him by way of bail. Appellant has fair chance in succeeding the appeal as no reliable and cogent evidence is available against him. Therefore, it has been prayed that jail sentence of

the appellant be suspended till final disposal of the appeal.

The prayer is opposed by learned Panel Lawyer for the respondent/State. Considering the nature of sentence, impugned judgment and evidence of prosecution witnesses available on record and contention of learned counsel for the appellant and the fact that there is no possibility of hearing of this appeal in near future, I deem it proper to suspend the remaining jail sentence of the appellant.

Accordingly, aforesaid I.A. No.2206/2022 is allowed. The execution of jail sentence of appellant- Rahul Tanwar is hereby suspended subject to depositing the fine amount, (if not already deposited). It is directed that the appellant be released on bail on his furnishing a personal bond to a sum of Rs.50,000/- (Rupees fifty thousand only) with one solvent surety of the like

Signature Not Verified amount to the satisfaction of the trial court with a further direction to appear SAN

before the Registry of this Court on 30.08.2022 and also on such other dates, as Digitally signed by BIJU BABY Date: 2022.03.16 19:49:05 IST

may be fixed by the Registry in this regard during the pendency of this appeal.

Certified copy as per rules.

(DINESH KUMAR PALIWAL) JUDGE

b

Signature Not Verified SAN

Digitally signed by BIJU BABY Date: 2022.03.16 19:49:05 IST