Sohel Jamirdar @ Sohel Khan vs The State Of Madhya Pradesh
2023 Latest Caselaw 13023 MP

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                                           IN THE HIGH COURT OF MADHYA PRADESH
                                                        AT GWALIOR
                                                       CRA No. 9940 of 2023
                                       (SOHEL JAMIRDAR @ SOHEL KHAN Vs THE STATE OF MADHYA PRADESH)

                           Dated : 10-08-2023
                                  Shri Anshu Gupta - Advocate for the appellant.

                                  Shri Dheeraj Bhudholiya- Panel Lawyer for respondent/State.

Record of the Court below be called.

Heard on I.A. No.14454 of 2023, which is first application under Section 389(1) Cr.P.C. for suspension of sentence and grant of bail moved by the sole appellant with an alternative prayer for grant of temporary bail as record

has not been received.

This Criminal Appeal assails the judgment dated 22.07.2023 passed by First Additional Sessions Judge, Mungawali, District Ashoknagar (M.P.) in SPL Case No.06/2019, whereby appellant has been convicted and sentenced under Section 354 of IPC to undergo rigorous imprisonment of three years with fine of Rs.2,000/, under Section 7/8 of POCSO Act to undergo rigorous imprisonment of three years and fine of Rs.2000/- and Section 11(iv)/12 to undergo rigorous imprisonment of one year with fine of Rs.1,000/- with default stipulations.

Learned counsel for the appellant submits that the trial Court has wrongly convicted the appellant without considering the material and evidence available on record. There are material contradictions and omissions in the statement of the prosecution witnesses. It is further argued that the trial Court has already suspended the jail sentence of the appellant for a period of one month. This appeal is likely to take long time to conclude. Hence, prayer is made to temporarily suspend the jail sentence and grant of temporary bail to the Signature Not Verified Signed by: VIPIN KUMAR AGRAHARI Signing time: 11-08-2023 10:35:27 AM

appellant.

Counsel for the State vehemently opposed the application and prayed for its rejection.

Heard learned counsel for the parties and perused the materials available on record.

Considering the arguments advanced by learned counsel for the parties, without commenting on merits of the case, I.A. No.14454 of 2023 is hereby allowed. Subject to depositing of fine amount, if not already deposited, and furnishing personal bond of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety of the like amount to the satisfaction of the concerned trial

C o urt, the remaining jail sentence of the appellant shall remain temporarily suspended and he be released on bail until the record of trial Court is received.

List the case immediately after receipt of record. A copy of this order be sent to the concerned Court below for compliance.

Certified copy/ e-copy as per rules/directions.

(SUNITA YADAV) JUDGE

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Signature Not Verified Signed by: VIPIN KUMAR AGRAHARI Signing time: 11-08-2023 10:35:27 AM