Madhya Pradesh High Court
Akshay @ Laddu vs The State Of Madhya Pradesh on 30 November, 2022
Author: Dinesh Kumar Paliwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 10031 of 2022
(AKSHAY @ LADDU Vs THE STATE OF MADHYA PRADESH AND OTHERS)
Dated : 30-11-2022
Shri Mithilesh Prasad Tripathi, learned counsel for the appellant.
Shri Anil Upadhyay, learned Panel Lawyer for the respondent/State.
None for respondent No.2.
Call for the trial Court record.
Learned Panel Lawyer for the State is directed to serve notice upon
respondent No.2/ victim.
Also heard on I.A.No.22242/2022, an application under Section 389(1)
of Cr.P.C. for suspension of jail sentence and grant of bail to the appellant
pending the appeal.
T h e appellant has been convicted for commission of offence under
Section 451 of IPC and has been sentenced to undergo R.I. for 6 months and
fine of Rs.500/-, Section 354 of IPC and has been sentenced to undergo R.I.
for 1 year and fine of Rs.1,000/- and Section 354 a (1)(i) of IPC and has been
sentenced to undergo R.I. for 1 year and fine of Rs.500/- with default
stipulation vide judgment dated 30.09.2022 passed in Special Case No.14/2021
(State of MP Vs. Laddu @ Akshay) by Special Judge, POCSO Act,
Burhanpur.
Learned counsel for the appellant has submitted that appellant is in jail
since 15.11.2022. Only one year sentence has been awarded, therefore, if he has
not been released on bail, the purpose of filing this appeal will become futile. It
is further contended that learned trial Court has not properly appreciated the
evidence of the prosecution witnesses, as it is full of omissions and
Signature Not Verified
Signed by: APARNA TIWARI
Signing time: 12/2/2022
11:37:31 AM
contradictions. It is submitted that except prosecutrix, no one has supported
prosecution story, therefore, he has fair chances to succeed in appeal.
O n the other hand, learned Panel Lawyer for the respondent/State has
opposed the prayer for grant of bail to the appellant.
Considering the short nature of sentence and the fact that appellant is in
jail for the last fifteen days, I deem it proper to suspend the remaining jail
sentence of the appellant because final hearing of this appeal is not possible in
near future.
Consequently, I.A.No.22242/2022 is allowed. The execution of jail
sentence of appellant- Akshay @ Laddu 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 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 final hearing in due course.
Certified copy as per rules.
(DINESH KUMAR PALIWAL)
JUDGE
AT
Signature Not Verified
Signed by: APARNA TIWARI
Signing time: 12/2/2022
11:37:31 AM
