Madhya Pradesh High Court
Malkhan vs The State Of Madhya Pradesh on 28 April, 2023
Author: Dinesh Kumar Paliwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 2707 of 2023
(MALKHAN Vs THE STATE OF MADHYA PRADESH)
Dated : 28-04-2023
Shri S. P. Dubey - Advocate for the appellant.
Ms. Kamlesh Tamrakar - Panel Lawyer for respondent No.1/ 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.4126/2023, an application under Section 389(1) of
Cr.P.C. for suspension of jail sentence and grant of bail to the appellant
pending the appeal.
T he appellant has been convicted for commission of offence under
Section 3(2)(va) of SC/ST (Prevention of Atrocities) Act, Section 354(A)(i) of
IPC , Section 11(1) r/w 12 of POCSO Act, 2012 and Section 3(1)(w)(ii) of
SC/ST (Prevention of Atrocities) Act and has been sentenced to R.I. for 01-01
years and fine of Rs.500/- - Rs.500/- with default stipulation vide judgment
dated 28.1.2023 passed in SC ATR No.13/2020 (State of M.P. Vs. Malkhan)
by Special Judge (POCSO Act), and 2nd ASJ, Damoh.
Learned counsel for the appellant has submitted that appellant has been
released on bail till 28.3.2023 by the trial Court itself. Thereafter, this Court vide
its orders dated 24.2.2023 and 21.3.2023 has extended the suspension of jail
sentence of the appellant till today. During trial, he was on bail and he has not
misused the liberty granted to him b y way of bail. Learned counsel further
Signature Not Verified
Signed by: DEEPA MISHRA
Signing time: 4/29/2023
11:52:28 AM
submitted that he has fair chances to succeed in appeal. There is no possibility
of 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 appellant, I deem it proper to suspend the remaining jail
sentence of the appellant because final hearing of this appeal is not possible in
near future.
Consequently, I.A.No.4126/2023 is allowed. The execution of jail
sentence of appellant - Malkhan 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 26.07.2023 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: 4/29/2023
11:52:28 AM
