Manish Sahu vs The State Of Madhya Pradesh
2022 Latest Caselaw 15464 MP

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               HIGH COURT OF MADHYA PRADESH
                     Criminal Appeal No.6647/2022
           (Manish Sahu Vs. The State of Madhya Pradesh)

Gwalior Bench : Dated : 23.11.2022

      Shri Shivam Savita, learned counsel for appellant.

      Shri PPS Bazeeta, learned Public Prosecutor for the

respondent/State.

Heard on I.A.No.15388 of 2022, second application under

Section 389 (1) of Cr.P.C. for suspension of sentence and grant of

bail filed on behalf of appellant.

This criminal appeal under Section 374 of Cr.P.C. is preferred

by appellant against the judgment dated 22.07.2022 passed by the

Special Judge (POCSO), Datia (Madhya Pradesh) in S.T.

No.24/2020, whereby appellant has been convicted as under:-

Sections         Act            Imprisonment       Fine
363               IPC           R.I. for 3 years   Rs.3000/-with
                                                   default stipulation
354/34           IPC            R.I. for 5 years   Rs.5000/-         with
                                                   default stipulation
9 G/10           POCSO          R.I. for 5 years   Rs.5000/-         with
                 Act                               default stipulation

It is the submission of learned counsel for appellant that the

trial Court erred in convicting and awarding jail sentence to the

HIGH COURT OF MADHYA PRADESH Criminal Appeal No.6647/2022 (Manish Sahu Vs. The State of Madhya Pradesh)

appellant. It is further submitted that appellant has no role to play in

the case. Trial Court ignored this aspect and caused illegality. He

already suffered around four months' incarceration. Appellant does

not bear any criminal record. Appellant shall not be a source of

embarrassment or harassment to the complainant side in any manner.

Early hearing of appeal is bleak possibility. Learned counsel fairly

submits that if appellant is released on bail then appellant shall abide

by all conditions imposed by this Court. Thus, prayed for suspension

of sentence and grant of bail.

Learned Public Prosecutor for the respondent/State opposed

the application and prayed for its dismissal.

Looking to the submissions made by learned counsel for the

parties as well as the fact that final hearing of this appeal would take

some time, application I.A.No.15388/2022 is hereby allowed.

If appellant furnishes bail bond in the sum of Rs.50,000/-

(Rupees Fifty Thousand Only) along with one solvent surety of

the like amount to the satisfaction of the trial Court that he shall

HIGH COURT OF MADHYA PRADESH Criminal Appeal No.6647/2022 (Manish Sahu Vs. The State of Madhya Pradesh)

appear before the Principal Registrar of this Court on 31-01-2023

and on all other subsequent dates as may be fixed by the Office for

appearance, then he shall be released on bail and execution of jail

sentence is suspended till disposal of this appeal.

Appellant shall not move in the vicinity of the prosecutrix

in any manner and shall not be a source of embarrassment or

harassment to the prosecutrix in any manner.

I.A.No.15388 of 2022 stands allowed and disposed of.

Copy of this order be sent to the trial Court concerned for

compliance.

Certified copy as per rules.

                                                              (Anand Pathak)
AK/-                                                              Judge
       ANAND KUMAR
       2022.11.24
       10:48:59 +05'30'