Sujeet Kumar Chourasiya vs The State Of Madhya Pradesh
2023 Latest Caselaw 6224 MP

                                                             1
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                      CRA No. 3169 of 2023
                            (SUJEET KUMAR CHOURASIYA AND OTHERS Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                          Dated : 18-04-2023
                                Shri Manoj Kumar Pandey - Advocate for the appellants.

                                Ms. Nalini Gurung - Panel Lawyer for the respondent/State.

None for respondent No.2 despite service of notice.

Trial Court record has been received.

Heard on admission.

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

Heard on I.A.No.4936/2023, an application under Section 389(1) of Cr.P.C. for suspension of jail sentence and grant of bail to the appellants pending the appeal.

The appellants have been convicted for commission of offence under Sections 354 of IPC and Section 7/8 of POCSO Act, 2012 and have been sentenced to R.I. for 03 years, and fine of Rs.1000/- each with default stipulations by the learned Special Judge (POCSO Act), District Sidhi (M.P.)

vide judgment dated 15.2.2023 passed in Special Case No.ST 31/2021 (State of M.P. Vs. Sujeet Kumar Chourasiya and another).

Learned counsel for the appellants has submitted that appellants have b een released on bail till 14.3.2023 by the trial Court itself. Thereafter, suspension of sentence was extended by this Court vide its order dated 2.3.2023 till today. During trial, they were on bail and they have not misused the liberty granted to them by way of bail. Learned counsel further submitted that they have fair chances to succeed in appeal. There is no possibility of Signature Not Verified Signed by: DEEPA MISHRA Signing time: 4/19/2023 1:19:24 PM

coming of this appeal for hearing in near future. Therefore, if the jail sentence is not suspended, the purpose of filing this appeal would become futile.

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

Considering the short nature of sentence and contention of learned counsel for the appellants, I deem it proper to suspend the remaining jail sentence of the appellants because final hearing of this appeal is not possible in near future.

Consequently, I.A.No.4936/2023 is allowed. The execution of jail sentence of appellants is hereby suspended subject to depositing the fine

amount, if not already deposited. It is directed that the appellants be released on bail on their furnishing a personal bond to a sum of Rs.50,000/- (Rupees Fifty thousand only) each with one solvent surety each of the like amount to the satisfaction of the trial Court with a further direction to appear before the trial Court on 21.07.2023 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

mrs. mishra

Signature Not Verified Signed by: DEEPA MISHRA Signing time: 4/19/2023 1:19:24 PM