Abhishek Parmar vs The State Of Madhya Pradesh
2023 Latest Caselaw 13046 MP

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                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                      CRA No. 9971 of 2023
                                      (ABHISHEK PARMAR Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                          Dated : 10-08-2023
                                Shri Arvind Kumar Pathak - Advocate for the appellant.

                                Ms. Chandrakanta Pal - Panel Lawyer for the respondent/State.

Heard on admission.

Appeal is admitted for final hearing.

Let record of the Court below be called for

Heard on I.A.No.18765 of 2023 an application under Section 389(1) of the Cr.P.C. for suspension sentence and grant of bail to appellants arising out of judgment dated 31.07.2023 delivered in S.C.No.84/2022 by Special Judge, POCSO Act, District-Sehore.

T he appellant has been convicted under Section 354(gha)(1)(i) of the IPCand sentenced to undergo R.I. for 1 year with fine of Rs.1,000/- and under Section 11(iv) read with section 12 Act and sentenced to undergo R.I. for one year with fine of Rs.1,000/- with default stipulations.

Learned counsel for the appellant submits that the appellant is innocent

and has falsely been implicated in the matter. Learned counsel for the appellant further submits that appellant was on bail during trial and the trial Court has suspended his jail sentence till 28.08.2023 and the final hearing of this appeal is not possible in near future, therefore, remaining jail sentence of appellant may be suspended and he be released on bail.

The prayer is opposed by learned Panel Lawyer for the State. Looking to the short nature of sentence couple with the fact that early hearing of this appeal is not possible in near future, without expressing any Signature Not Verified Signed by: VAISHALI AGRAWAL Signing time: 8/11/2023 5:39:10 PM

opinion on merits, I deem it proper to suspend the remaining jail sentence of the appellant. Accordingly, I.A.No.18765 of 2023 is allowed.

Subject to depositing the fine amount, if not already deposited, the remaining jail sentence of the appellant - Abhishek Parmar 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, Sehore on 06.11.2023 and also on such other dates, as may be fixed by the trial court in this regard during the pendency of this appeal.

List the matter for final hearing in due course. C. c. as per rules.

(ACHAL KUMAR PALIWAL) JUDGE

vai

Signature Not Verified Signed by: VAISHALI AGRAWAL Signing time: 8/11/2023 5:39:10 PM