Vishal Mathur vs The State Of Madhya Pradesh
2022 Latest Caselaw 13418 MP

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                                           IN THE HIGH COURT OF MADHYA PRADESH
                                                        AT GWALIOR
                                                          CRA No. 8471 of 2022
                                           (VISHAL MATHUR Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                          Dated : 12-10-2022
                                   Mr. Shamshad Khan, learned counsel for the appellant.

                                   Mr. Kaushlendra Singh, learned Public Prosecutor for the respondent-

State.

Heard on I.A. No. 14952 of 2022, which is first application under Section 389(1) Cr.P.C. for suspension of sentence and grant of bail to the appellant.

This Criminal Appeal assails the judgment dated 24.08.2022 passed in ST No.23 /2021 by Special Judge (POCSO Act) and Thirteen Additional Sessions Judge, Gwalior (M.P.) whereby, appellant stands convicted under Section 354 of the IPC and sentenced him to undergo 01 year RI with a fine of Rs.1,000/-, with default stipulations.

Learned counsel for the appellant submits that the trial Court has wrongly convicted the appellant without proper appreciation of facts of the case. The appellant was on bail during trial and he has not misused the liberty so granted to him. Final hearing of this appeal will take long time. Hence,

prayed to suspend the jail sentence and grant of bail to the appellant.

Counsel for the State vehemently opposed the application and prayed for its rejection.

Heard learned counsel for the parties and perused the materials available on record.

Considering the arguments advanced by learned counsel for the parties, without commenting on merits of the case, I.A.No. 14952 of 2022 is hereby Signature Not Verified Signed by: BARKHA SHARMA Signing time: 12-Oct-22 5:56:31 PM

allowed. Subject to depositing of fine amount, if not already deposited, and on furnishing personal bond of Rs.25,000/- (Rupees Twenty Five Thousand only) with a solvent surety of the like amount to the satisfaction of the concerned trial Court, the remaining jail sentence of the appellant shall remain suspended and he be released on bail. The appellant is further directed to mark his appearance before the Office of this Court o n 13.12.2022 and on subsequent dates given by the Office in this regard, till final disposal of this appeal.

A copy of this order be sent to the concerned Court below for compliance.

Certified copy/ e-copy as per rules/directions.

(SUNITA YADAV) JUDGE

bj/-

Signature Not Verified Signed by: BARKHA SHARMA Signing time: 12-Oct-22 5:56:31 PM