Madhya Pradesh High Court
Sanny @ Amit Pandey vs The State Of Madhya Pradesh on 10 November, 2022
Author: Dinesh Kumar Paliwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 9953 of 2022
(SANNY @ AMIT PANDEY Vs THE STATE OF MADHYA PRADESH)
Dated : 10-11-2022
Ms. Gayatri Ladiya, learned counsel for the appellant.
Shri Pramod Thakre, learned Panel Lawyer for the respondent/State.
Call for the trial Court record.
Heard on I.A.No.20489/2022, an application under Section 389(1) of
the Cr.P.C. for suspension of jail sentence and grant of bail to the appellant.
T h e appellant has been convicted for commission of offence under
Section 354 of IPC and Section 7 read with Section 8 of the POCSO Act and
has been sentenced to undergo R.I for two years and fine of Rs.1000/- and 3
years R.I and fine of Rs.2000/- with default stipulation by the Additional
Sessions Judge, Banda, District Sagar vide judgment dated 27.10.2022 passed
in Special Trial No.30/2020 (State of MP Vs.Sanny @ Amit Pandey).
Learned counsel for the appellant has submitted that learned trial Court
has not properly appreciated the evidence of the prosecution witnesses as it has
not considered the material contradictions and omissions appeared in the
evidence of the prosecution witnesses. Appellant has a fair chance to succeed
in the appeal. Only 3 years maximum imprisonment has been awarded and
there is no possibility of hearing of this appeal in the near future. Therefore, if
execution of jail sentence is not suspended the purpose of filing of this appeal
would become futile. Hence, it has been prayed that appellant/accused be
released on bail.
O n the other hand, learned Panel Lawyer for the respondent/State has
opposed the prayer for grant of bail to the appellant.
Signature Not Verified
Signed by: JASLEEN SINGH
SALUJA
Signing time: 11/11/2022
12:13:12 PM
Having considered the short nature of sentence and the fact that there is
n o possibility of hearing of this appeal in near future, I deem it proper to
suspend the remaining jail sentence of the appellant.
Consequently, I.A.No.20489/2022 is allowed. The execution of jail
sentence of appellant-Sanny @ Amit Pandey 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 in the like
amount to the satisfaction of the trial Court with a further direction to appear
before the trial Court on 30.01.2023 and also on such other dates, as may be
fixed by that Court in this regard during the pendency of this appeal.
List the case for argument on admission after receipt of the record.
Certified copy as per rules.
(DINESH KUMAR PALIWAL)
JUDGE
Jasleen
Signature Not Verified
Signed by: JASLEEN SINGH
SALUJA
Signing time: 11/11/2022
12:13:12 PM
