Abhay @ Acchelal Kewat vs The State Of Madhya Pradesh
2023 Latest Caselaw 12329 MP

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                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                      CRA No. 8215 of 2022
                                        (ABHAY @ ACCHELAL KEWAT Vs THE STATE OF MADHYA PRADESH)

                         Dated : 02-08-2023
                                Shri Pushpendra Dubey - Advocate for the appellant.

                                Shri Vivek Lakhera - Government Advocate for the respondent/State.

Heard on I.A. No.17466/2022 an application under Sections 389(1) of the Cr.P.C. for suspension of remaining jail sentence and grant of bail to appellant arising out of judgment dated 26.08.2022 delivered in Special Case

No.71/2019 by Special Judge (POCSO Act), Rewa.

The appellant has been convicted under Section 376(2)(N) of IPC and sentenced to undergo R.I. for 11 years with fine of Rs.5000/-, with default stipulation.

Learned counsel for the appellant submits that appellant has been falsely implicated in the case. He has not committed any offence in any manner. Learned counsel after referring to evidence of prosecutrix submits that she has made contradictory statements in her deposition. Therefore, on the basis of statement of prosecutrix and deposition of Investigating Officer,

including DNA report, it is urged that appellant has been wrongly convicted and sentenced. It is further submitted that the final hearing of this appeal is not possible in near future. Thus, remaining jail sentence of appellant may be suspended and he be released on bail.

The prayer is opposed by learned Government Advocate on the basis of objection.

In view of testimonies of prosecutrix and the Investigating Officer, including DNA report, without expressing any opinion on the merits of the case, Signature Not Verified Signed by: MOHD IRFAN SIDDIQUI Signing time: 8/3/2023 2:54:46 PM

coupled with the fact that final hearing of this appeal is not possible in near future, we deem it proper to suspend the remaining jail sentence of appellant.

Accordingly, I.A No.17466/2022 is allowed.

Subject to depositing the fine amount, if not already deposited, the remaining jail sentence of the appellant- Abhay @ Acchelal Kewat is hereby suspended and it is directed that the appellant be released on bail on his furnishing a personal bond for a sum of Rs.30,000/- (Rupees thirty 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 concerning Trial Court, Rewa on 09.10.2023 and also on such other dates, as may be fixed by the trial

court in this regard during the pendency of this appeal.

C. C. as per rules.

                             (SUJOY PAUL)                                  (ACHAL KUMAR PALIWAL)
                                JUDGE                                               JUDGE

                         irfan




Signature Not Verified
Signed by: MOHD IRFAN
SIDDIQUI
Signing time: 8/3/2023
2:54:46 PM