Vijay Kalawat vs The State Of Madhya Pradesh
2022 Latest Caselaw 12968 MP

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 6051 of 2022 (VIJAY KALAWAT Vs THE STATE OF MADHYA PRADESH)

Dated : 26-09-2022 Mr.Satyam Agrawal, learned counsel for the appellant.

Mr.P.Soni, learned P.L. for the State.

Heard on admission. The appeals seems to be arguable. It is admitted for hearing.

Considered I.A.No.13224/2022, which is first application u/s 389(1) of Cr.P.C. for suspension of sentence and grant of bail on behalf of appellant-

Vijay Kalawat.

Vide impugned judgment dated 30.6.2022 passed by First Additional Sessions Judge/Special Judge (POCSO) Ashtta, District Sehore in Sessions Trial No.110/2019 the appellant is convicted for offences under sections 366(A) & 376(2)(n) of the Indian Penal Code and sentenced to undergo R.I. for 05 years & 10 years with fine of Rs.2,000/- and Rs.3,000/- with default stipulations.

Learned counsel for the appellant submitted that appellant is innocent and has been falsely implicated in the crime in question. The appellant is in custody

since 30.6.2022. The trial Court has not properly appreciated the oral and documentary evidence available on record. Final disposal of this appeal would take considerable time. Hence, prayer has been made to suspend the jail sentence of the appellant.

Learned Panel Lawyer has opposed the prayer for suspension of Signature Not Verified SAN sentence.

Digitally signed by RAJESH MAMTANI Date: 2022.09.26 19:44:32 IST As per prosecution story, the prosecutrix was minor but she was more

than 17 years at the time of incident and her parents had married her at some other place and thereafter the offences were committed. The appellant is 22 years old.

Considered over all facts and circumstances of the case and taking into account that final disposal of this appeal would take considerable time, and without commenting on merits of the case, application is allowed.

I t is directed that subject to depositing the fine amount, if not already deposited and on furnishing a personal bond in a sum of Rs.40,000/- (Rupees Forty Thousand only) with one surety in the like amount to the satisfaction of the trial Court concerned, the custodial sentence of appellant-Vijay Kalawat

shall remain suspended and he shall be released on bail for securing his presence before the trial Court on 24.02.2023 and on such other dates as may be fixed in this regard during pendency of this appeal.

The appellant shall regularly appear before the trial Court, on each and every date, without fail.

List this case for final hearing in due course.

(SMT. ANJULI PALO) JUDGE

RM

Signature Not Verified SAN

Digitally signed by RAJESH MAMTANI Date: 2022.09.26 19:44:32 IST