Ritesh vs The State Of Madhya Pradesh
2023 Latest Caselaw 5742 MP

                                                             1
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                     CRA No. 12582 of 2022
                                                (RITESH Vs THE STATE OF MADHYA PRADESH)

                          Dated : 10-04-2023
                                Shri Aniruddh Mishra-Advocate for the appellant.

                                Shri Anoop Sonkar-Panel Lawyer for the respondent/State.

None for respondent No.2/victim despite service of notice.

Trial Court record has been received.

Heard on admission.

Primafacie, this appeal seems to be arguable. Hence, admitted for final hearing.

I.A.No.25319/2022, an application for urgent hearing during winter vacation has become infructuous. Therefore, the same is dismissed Also heard on I.A. No. 25318/2022, an application under Section 389(1) of Cr.P.C. for suspension of sentence and grant of bail to the appellant, pending the appeal.

Appellant has been convicted for commission of offence under Section 323 and 354 of IPC and Section 7/8 of the POCSO Act and has been

sentenced to RI for 03 months and fine of Rs. 500/- for commission of offence under section 323 of IPC while RI 03 years and fine of Rs.2000/- for commission of offence under section 8 r/w section 7 of POCSO Act with default stipulation vide judgment dated 28.11.2022 passed in SC No. 34/2020 (State of M.P. Vs. Ritesh) by learned Special Judge, Exclusive Special Court for (POCSO) Act, 2012 Betul, District- Betul.

Learned counsel for the appellant has submitted that in the course of trial Signature Not Verified Signed by: MANOJ KUMAR LALWANI Signing time: 4/11/2023 10:19:00 AM

appellant was on bail. After conviction and sentence, learned trial court itself had released the appellant on bail for filing the appeal and obtaining the stay on execution of jail sentence but he could not file the appeal well within time due to which at present he is in jail. Learned counsel further submitted that learned trial court has not properly appreciated the evidence of witnesses on record and has erroneously convicted the appellant. Appellant has fair chances to succeed in the appeal. He is in jail since 28.12.2022. He has already suffered the jail sentence of more than 3 months. There is no possibility of hearing of this appeal in near future. Therefore, it has been prayed that appellant/accused be released on bail by suspending jail sentence.

On the other hand, learned counsel for the respondent/State has opposed the prayer for grant of bail.

Considering the short nature of sentence and evidence on record and the fact that there is no possibility of hearing of this appeal in near future, I am inclined to release the appellant on bail.

Accordingly, aforesaid I.A.No.25318/2022 is allowed. The execution of jail sentence of appellant-Ritesh 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 18.07.2023 and also on such other dates, as may be fixed by the trial court in this regard during the pendency of this appeal.

List the case for final hearing in due course. Certified copy as per rules.

Signature Not Verified Signed by: MANOJ KUMAR LALWANI Signing time: 4/11/2023 10:19:00 AM

(DINESH KUMAR PALIWAL) JUDGE MKL

Signature Not Verified Signed by: MANOJ KUMAR LALWANI Signing time: 4/11/2023 10:19:00 AM