Golu @ Parshottam Patel vs The State Of Madhya Pradesh
2022 Latest Caselaw 3783 MP

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 5579 of 2021 (GOLU @ PARSHOTTAM PATEL Vs THE STATE OF MADHYA PRADESH AND OTHERS)

Dated : 16-03-2022 Ms.Shruti Singh Chouhan, learned counsel for the appellant. Ms.Shanti Tiwari, learned P.L. for the State.

Heard on the question of admission.

The appeal is admitted for hearing.

Considered I.A.No.17052/2021, which is first application u/s 389(1) of Cr.P.C. for suspension of sentence and grant of bail on behalf of the appellant-

Golu @ Parshottam Patel.

By the impugned judgment dated 09.9.2021 passed by Special Sessions Judge (Protection of Children from Sexual Offences Act) in Special Case No.200118/2016 the appellant has been convicted for offences under sections 354 & 454 of IPC, sections 3(2)(v)(ka) & 3(1)(ba)(i) of Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 and sections 7/8 of POCSO Act and sentenced to undergo 1 year, 1 year and 03 years with fine of Rs.500/-, Rs.500/- & Rs.1,000/- respectively with default stipulations.

Learned counsel for the appellant submitted that appellant is innocent and

has been falsely implicated in the crime in question. The appellant was on bail during trial. The trial Court has not properly appreciated the oral and documentary evidence on record. Final disposal of instant appeal would take considerable time. Therefore, substantive jail sentence of the appellant be suspended and he be released on bail.

Learned Panel Lawyer has opposed the prayer for suspension of sentence. Considering the over all facts and circumstances of the case; nature of allegation against the appellant; maximum sentence awarded to the appellant; final disposal of instant appeal would take considerable time, without commenting on merits of the case, the application is allowed.

It is directed that on depositing the fine amount, if not already deposited, and on furnishing a personal bond in the sum of Rs.40,000/-(Rupees Forty Thousand Only) with one solvent surety in the like amount to the satisfaction of the trial Court concerned, remaining jail sentence imposed upon appellant-

Golu @ Parshottam Patel shall remain suspended during the pendency of this case and he shall be released on bail.

The appellant shall appear before the trial Court on 26.07.2022 and on all such subsequent dates, as may be fixed in this regard.

I.A.No.17052/2021 is allowed.

List for final hearing in due course.

(SMT. ANJULI PALO) JUDGE

RM

Signature Not Verified SAN

Digitally signed by RAJESH MAMTANI Date: 2022.03.16 18:18:24 IST