Satish Mehra @ Bablu Mehra vs The State Of Madhya Pradesh
2022 Latest Caselaw 15764 MP

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                      CRA No. 10953 of 2022
                                 (SATISH MEHRA @ BABLU MEHRA AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                           Dated : 29-11-2022
                                 Shri Anand Nayak, learned counsel for the appellants.

                                 Shri Shailendra Mishra, learned Panel Lawyer for the respondent/State.

Call for the trial Court record.

Heard on I.A.No.22390/2022, an application under Section 389(1) of Cr.P.C. for suspension of jail sentence and grant of bail to the appellants pending the appeal.

T he appellants have been convicted for commission of offence under Section 354 of IPC and has been sentenced to undergo R.I. for 1 year and fine of Rs. 500/- and Section 7/8 of POCSO Act and has been sentenced to undergo R.I. for 3 years and fine of Rs.1000/- with default stipulation by the

learned 2nd Sessions Judge/Special Judge (POCSO) Act, Itarsi District Narmadapuram vide judgment dated 17.11.2022 passed in S.T. No.15/2019 (State of MP Vs. Satish Mehra @ Bablu Mehra and another).

Learned counsel for the appellants has submitted that appellants have

been released on bail till 17.12.2022 by the trial Court. During trial, he was on bail and he has not misused the liberty granted to them by way of bail. Learned counsel further submitted that they have fair chances to succeed in appeal. There is no possibility of coming of this appeal for hearing in near future. Therefore, if the jail sentence is not suspended, the purpose of filing this appeal would become futile.

O n the other hand, learned Panel Lawyer for the respondent/State has opposed the prayer for grant of bail to the appellants. Signature Not Verified Signed by: LALIT SINGH RANA Signing time: 11/30/2022 11:52:29 AM

Considering the short nature of sentence and contention of learned counsel for the appellants, I deem it proper to suspend the remaining jail sentence of the appellants because final hearing of this appeal is not possible in near future.

Consequently, I.A.No.22390/2022 is allowed. The execution of jail sentence of appellants-Satish Mehra @ Bablu Mehra and Yogesh Sarathy 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 of the like amount to the

satisfaction of the trial Court with a further direction to appear before the trial Court on 06.03.2023 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

L.R.

Signature Not Verified Signed by: LALIT SINGH RANA Signing time: 11/30/2022 11:52:29 AM