Rahul Patel vs The State Of Madhya Pradesh
2022 Latest Caselaw 4186 MP

                                      1
              IN THE HIGH COURT OF MADHYA PRADESH
                           AT JABALPUR
                              CRA No. 2328 of 2022
                      (RAHUL PATEL Vs THE STATE OF MADHYA PRADESH)

Dated : 25-03-2022
      Mr.Vikas Jyotishi, learned counsel for the appellant.

      Mr.Rajesh Chand, learned Government Advocate for the respondent/State.

Let record of the court below be requisitioned. Heard on the question of admission.

The appeal is admitted for hearing.

Considered I.A.No.4183/2022, which is first application under section

389(1) of Cr.P.C. for suspension of sentence and grant of bail on behalf of the appellant.

B y the impugned judgment dated 26.2.2022 passed by Special Judge (POCSO Act), Damoh in Special Case No.05/2021 the appellant has been convicted under sections 354 of IPC and 7/8 of the POCSO Act and sentenced to undergo R.I. for 01 & 03 years and fine of Rs.1,000/- & Rs.1000/- 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 learned trial Court has

passed the impugned judgment without properly appreciating the oral and documentary evidence available on record. The sentence of the appellant has been suspended by the trial Court upto 28.3.2022. The appellant has deposited the fine deposited. The final disposal of this appeal would take considerable time. Hence, prayer has been made to enlarge the appellant on bail and suspend the impugned sentence.

Learned Panel Lawyer has opposed the prayer for suspension of sentence and grant of bail.

Considering the over all facts and circumstances of the case; the maximum sentence awarded is only 03 years; disposal of this appeal would take considerable time; his jail sentence has been suspended by the trial Court upto 28.3.2022 and he was on bail during trial also, without commenting on merits of the case, the application is allowed.

It is hereby directed that the jail sentence of appellant-Rahul Patel shall remain suspended during pendency of this appeal and he shall be released on bail, on depositing fine amount, if not already deposited and on his furnishing a personal bond in the sum of Rs.30,000/- (Rupees Thirty Thousand only) with one

solvent surety in the like amount to the satisfaction of the trial Court.

The appellant shall appear before the trial Court on 03.07.2022 and on all such subsequent dates, as may be fixed in this regard.

I.A.No.4183/2022 is allowed.

List for final hearing in due course.

(SMT. ANJULI PALO) JUDGE

RM

Signature Not Verified SAN

Digitally signed by RAJESH MAMTANI Date: 2022.03.25 19:40:04 IST