Madhya Pradesh High Court
Kunal @ Jayendra vs The State Of Madhya Pradesh on 26 September, 2022
Author: Anjuli Palo
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 5774 of 2022
(KUNAL @ JAYENDRA Vs THE STATE OF MADHYA PRADESH)
Dated : 26-09-2022
Mr. Shailendra Verma, learned counsel for the appellant.
Mr. Purushottam Soni, learned Panel Lawyer for the respondent/State.
Heard on the question of admission.
The appeal seems to be arguable, hence admitted for hearing.
Heard on I.A. No.14252 of 2022, which is an application filed by the appellant
under Section 389 (1) of the Cr.P.C. seeking suspension of sentence and grant of bail.
The appellant has been convicted by the impugned judgment passed by the trial
Court for offences punishable under Sections 354, 354-D and 454 of the Indian Penal
Code and Section 10 of the Protection of Children from Sexual Offences Act, 2012
and sentenced to undergo RI for 3 years (two counts with fine of Rs.5,000/- on two
counts), RI for 1 year (fine of RS.2,000/-) RI for 2 years (fine of Rs.2,000/-) and RI
for 5 years (fine of Rs.5,000/-), respectively with default stipulation.
Learned counsel for the appellant submits that the trial Court has not
appreciated the evidence on record in proper perspective and hence arrived at
erroneous findings. There are material contradiction and omission in the testimonies
of the witnesses. As per the prosecution case itself, there is no serious allegation
against the appellant. The appellant is in custody and the final disposal of this appeal
would take considerable time, therefore, the jail sentence of the appellant may be
suspended and he may be released on bail.
Learned Panel Lawyer for the State has opposed the application for suspension
of sentence and grant of bail.
Looking to the nature of offence, facts and circumstances of the case as well as
the fact that disposal of this appeal would take considerable time, without commenting
Signature Not Verified
SAN
on merits of the case, I deem it appropriate to suspend the jail sentence of the
Digitally signed by KOUSHALENDRA
SHARAN SHUKLA
Date: 2022.09.27 18:18:47 IST
appellant and to release him on bail. Therefore, without commenting on the merits of
the case, this application is allowed.
It is directed that execution of remaining jail sentence of the appellant - Kunal
@ Jayendra shall remain suspended and he shall be released on bail on his furnishing a
personal bond in a sum of Rs.40,000/- (Rupees Forty Thousand only) with a surety
in the like amount to the satisfaction of the trial Court concerned for his appearance
before the concerned trial Court on 24.02.2023 and on such other dates as may be
fixed in this regard during pendency of this appeal.
List the case for final hearing in due course
(SMT. ANJULI PALO)
JUDGE
ks
Signature Not Verified
SAN
Digitally signed by KOUSHALENDRA
SHARAN SHUKLA
Date: 2022.09.27 18:18:47 IST
