Kalli Gurjar vs The State Of Madhya Pradesh
2023 Latest Caselaw 12690 MP

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                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT GWALIOR
                                                        CRA No. 9714 of 2023
                                                (KALLI GURJAR Vs THE STATE OF MADHYA PRADESH)

                           Dated : 07-08-2023
                                 Shri Mehmood Khan - learned counsel for the appellant.

                                 Shri A.P.S. Tomar- learned Public Prosecutor for the respondent-State.

Heard on the question of admission.

Being arguable, the appeal is admitted for final hearing. Also heard on IA No. 14146/2023, first application under Section 374 of Cr.P.C. moved on behalf of the appellant seeking suspension of sentence

and grant of bail.

Appellant stands convicted under Section 354 of IPC and sentenced to undergo three years' RI with fine of Rs. 1000/- and Section 7/8 POCSO Act and sentenced to undergo three years' RI with fine of Rs.1000/- with default stipulation vide judgment of conviction and sentence dated 22/07/2023 passed by Special Judge, POCSO Jaura District Morena in Special Case No. 01/2019.

Learned Counsel for appellant submits that the impugned judgment passed by learned Trial Court is based on assumption, conjecture and surmises. The learned Trial Court has committed an error in convicting and

sentencing the present appellant without appreciating the prosecution evidence properly. There are material contractions and omissions in the evidence of witnesses. The appellant was on bail during trial and he did not misuse the liberty so granted to him. Fine amount has already been deposited by the appellant. The jail sentence of appellant was already suspended by learned Trial Court, under Section 389(3) of the Cr.P.C. There is no likelihood of hearing of appeal in near future. On these grounds, learned Counsel prays that execution Signature Not Verified Signed by: AVINASH BHARGAV Signing time: 08-08-2023 10:04:00 AM

o f remaining jail sentence of appellant may be suspended and he may be enlarged on bail.

Per contra, learned Counsel for respondent State opposed the application and prayed for its rejection. He contends that appellant is convicted on proper appreciation of evidence. No case is made out for suspension of sentence.

Upon hearing learned Counsel for the parties but without commenting upon rival contentions touching merits of the case, this Court is of the view that application deserves to be allowed. It is, accordingly directed that execution of remaining jail sentence of appellant shall remain suspended during pendency of

this appeal and he shall be enlarged on bail subject to furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of Trial Court and also subject to deposit of the fine amount (if not already deposited) for his appearance before the Registry of this Court on 27.10.2023 and on further dates as may be directed by the Registry in that regard.

Accordingly, I.A. No.14146/2023 stands allowed and disposed of. Call for the record of the Court below and list thereafter for final hearing in due course.

Certified copy as per rules.

(SANJEEV S KALGAONKAR) JUDGE

Avi

Signature Not Verified Signed by: AVINASH BHARGAV Signing time: 08-08-2023 10:04:00 AM