Lavkush Gupta vs The State Of Madhya Pradesh
2022 Latest Caselaw 15046 MP

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                                         IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT JABALPUR
                                                       CRA No. 10389 of 2022
                                               (LAVKUSH GUPTA Vs THE STATE OF MADHYA PRADESH)

                           Dated : 16-11-2022
                                  Shri Rajneesh Kant Rajak, learned counsel for the appellant.

                                  Shri     Ravindra   Singh    Rajput,   learned    Panel   Lawyer   for     the
                           respondent/State.

Call for the trial Court record.

Heard on I.A.No.21268/2022, 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 11(iv) read with Section 12 of POCSO Act and has been sentenced to undergo R.I for 3 years months and fine of Rs.5000/- with default stipulation by the Special Judge, POCSO Act, 2012, Katni vide judgment dated 28.04.2022, passed in Special Case No.18/2019 (State of MP Vs. Lavkush Gupta).

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. 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.

Having considered the short nature of sentence and the fact that there is Signature Not Verified Signed by: JASLEEN SINGH SALUJA Signing time: 11/17/2022 1:57:48 PM

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.21268/2022 is allowed. The execution of jail sentence of appellant - Lavkush Gupta 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: 11/17/2022 1:57:48 PM