Madhya Pradesh High Court
Satendra Kumar Saket vs The State Of Madhya Pradesh on 7 August, 2023
Author: Dinesh Kumar Paliwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 3148 of 2023
(SATENDRA KUMAR SAKET Vs THE STATE OF MADHYA PRADESH)
Dated : 07-08-2023
Shri Raj Kumar Paroha - Advocate for the appellant.
Shri Manoj Singh - Panel Lawyer for the respondent/State.
None for the victim despite service of notice.
Heard on I.A. No.17116/2023, an application under Section 389(1) of
Cr.P.C. for suspension of sentence and grant of bail to appellant, pending the
appeal.
Appellant has been convicted for commission of offence under Sections
323, 354 of IPC and Section 7 r/w 8 of the Protection of Children from Sexual
Offences Act, 2012 and has been sentenced to undergo R.I. for 3 months with
fine of Rs.500/-, R.I. for one year with fine of Rs.2,000/- and R.I. for 3 years
with fine of Rs.2,000/- respectively with default stipulations vide judgment dated
02.02.2023 delivered by the Special Judge, POCSO Act, Satna in SC
No.58/2021 (State of M.P. Vs. Satendra Kumar Saket).
Learned counsel for the appellant has submitted that appellant has not
committed any offence. He has been erroneously convicted by the trial Court
as it has not properly appreciated the evidence on record. It is submitted that
evidence of prosecution witnesses is full of omissions and contradictions and
such omissions and contradictions have not been considered in right
perspective by the learned trial Court. Learned counsel for the appellant has
submitted that in the course of trial appellant was on bail. He has not misused
the liberty granted by way of bail during trial. It is further submitted that after
judgment of conviction and order of sentence, trial Court itself had temporarily
Signature Not Verified
Signed by: ASHISH KUMAR
JAIN
Signing time: 8/7/2023
7:13:16 PM
suspended the jail sentence of the appellant for obtaining suspension of
sentence from the appellate Court, but this appeal could not be taken up for
hearing well within time due to which time granted by the trial Court expired and
suspension of jail sentence awarded to appellant could not be extended.
Appellant has already surrendered before the trial Court on 27.06.2023 for
undergoing the jail sentence. The 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. Therefore, 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.17116 of 2023 is allowed. The execution of jail
sentence of appellant- Satendra Kumar Saket 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 16.10.2023 and also on such other dates, as may be
fixed by that Court in this regard during the pendency of this appeal.
Signature Not Verified
List this case for final hearing in due course.
Signed by: ASHISH KUMAR
JAIN
Signing time: 8/7/2023
7:13:16 PM
Certified copy as per rules.
(DINESH KUMAR PALIWAL)
JUDGE
@shish
Signature Not Verified
Signed by: ASHISH KUMAR
JAIN
Signing time: 8/7/2023
7:13:16 PM
