Dinesh Kumar Vaishya vs The State Of Madhya Pradesh
2022 Latest Caselaw 14319 MP

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                                         IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT JABALPUR
                                                         CRA No. 9722 of 2022
                                       (DINESH KUMAR VAISHYA AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                          Dated : 04-11-2022
                                Shri Vivek Shukla, learned counsel for the appellant.

                                Ms. Hemlata Kshatria, learned Panel Lawyer for the respondent/State.

Call for the record of the trial Court.

Heard on I.A.No.20061/2022, an application under Section 389(1) of Cr.P.C. for suspension of sentence and grant of bail to the appellants pending the appeal.

T he appellants have been convicted for commission of offence under Section 354 and 354/109 of IPC and have been sentenced to 2 years and 1 year RI along with fine of Rs. 5,000/- and Rs. 3,000/- with the default stipulation vide judgment dated 14.10.2022 passed by Special Judge POCSO Act, Singrauli.

Learned counsel for the appellant has submitted that after conviction and sentence learned trial Court itself has released the appellants on bail till 14.11.2022. It is further submitted that learned trial Court has not properly appreciated the evidence of the prosecution witnesses as it was not only

unreliable but is also full of the contradictions and omissions. Therefore, he has fair chances to succeed in appeal. It is submitted that only 2 years and 1 year RI has been awarded by the trial Court. Therefore, if jail sentence is not suspended, filing of this appeal will become futile. Therefore, it has been prayed that appellants be released on bail.

On the other hand, learned Panel Lawyer for the respondent/State has opposed the application for suspension of sentence and grant of bail to the Signature Not Verified Signed by: AMITABH RANJAN Signing time: 11/5/2022 12:02:17 PM

appellants.

Having considered the short nature of sentence and the fact that trial Court itself has suspended the execution of their jail sentence and has granted time to file this appeal. There is no possibility of hearing of this appeal in near future, therefore, if the jail sentence is not suspended, the purpose of filing of this appeal may be frustrated. Therefore having taken into consideration all the facts and circumstances, I am of the view that it is a case in which appellants- accused may be released on bail, pending the appeal.

Accordingly, aforesaid I.A.No.20061/2022 is allowed. The execution of jail sentence of appellants- Diensh Kumar Vaishya and Abdul Kalim

is hereby suspended subject to depositing the fine amount, (if not already deposited). It is directed that the appellants be released on bail on their furnishing a personal bond to a sum of Rs.50,000/- (Rupees Fifty thousand only) each with one solvent surety each of the like amount to the satisfaction of the trial court with a further direction to appear before the Registry of this Court o n 30.01.2023 and also on such other dates, as may be fixed by the Registry in this regard during the pendency of this appeal.

List the case for final hearing in due course as per listing policy. Certified copy as per rules.

(DINESH KUMAR PALIWAL) JUDGE

kundan

Signature Not Verified Signed by: AMITABH RANJAN Signing time: 11/5/2022 12:02:17 PM