Mohd. Raees @ Raju vs The State Of Madhya Pradesh
2023 Latest Caselaw 12518 MP

                                                               1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                       CRA No. 9725 of 2022
                                      (MOHD. RAEES @ RAJU Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                           Dated : 03-08-2023
                                 Shri Akhilesh Kumar Singh - Advocate for the appellant.

                                 Shri Purushottam Soni - Panel Lawyer for the respondent/State.

Trial Court record has been received.

Heard on admission.

Trial Court record perused.

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

Heard on I.A. No.16989/2023, an application under Section 389(1) of Cr.P.C. for suspension of sentence and grant of bail to the appellant.

Appellant has been convicted for commission of offence under Section 354 of IPC and has been sentenced to undergo 3 years RI and fine of Rs.500/-, Section 323 of IPC and Section 3(1)((w)(2) of the SC/ST (POA)Act and has been sentenced to undergo 1-1 year RI and fine of Rs.500/- with default stipulations vide judgment dated 28.09.2022, passed in S.T.No.5/2017 (State of

M.P. vs. Mohd. Raees) by Special Judge, (POCSO) Act, 2012, District Rewa.

Learned counsel for the appellant has submitted that appellant has been erroneously convicted by the learned trial Court. After judgement of conviction and order of sentence, he was released on bail by the trial Court but matter could not be heard on time due to which time granted by the Court for producing stay on jail sentence expired. Appellant has surrendered before the trial Court and is undergoing jail sentence. It is further submitted that learned trial Court has not properly appreciated the evidence of the witnesses as it has Signature Not Verified Signed by: JASLEEN SINGH SALUJA Signing time: 8/4/2023 3:06:13 PM

not taken into consideration various omissions and contradictions appeared in their evidence and has also not considered the material improvement made during their court evidence from the police statement. Therefore, appellant has fair chance to succeed in the appeal. It is further submitted that a short sentence has been awarded by the trial Court and there is no possibility of hearing of this appeal in near future. Therefore, if the execution of jail sentence of appellant is not suspended, the purpose of filing this appeal would become futile. Hence, it has been prayed that the execution of jail sentence of appellant be suspended and he be released on bail.

On the other hand, learned counsel for the respondent/State has opposed

the grant of bail to the appellant.

Having considered the short nature of sentence and the fact that there is no possibility of hearing of this appeal in near future, I am inclined to suspend the remaining jail sentence of the appellant.

Consequently, I.A. No.16989/2023 is allowed. The execution of jail sentence of appellant - Mohd. Raees @ Raju 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 09.10.2023 and also on such other dates, as may be fixed by that Court in this regard during the pendency of this appeal.

List for final hearing in due course.

Certified as per rules.

(DINESH KUMAR PALIWAL) Signature Not Verified Signed by: JASLEEN SINGH SALUJA Signing time: 8/4/2023 3:06:13 PM

JUDGE Jasleen

Signature Not Verified Signed by: JASLEEN SINGH SALUJA Signing time: 8/4/2023 3:06:13 PM