Madhya Pradesh High Court
Anoop @ Satish Shukla vs The State Of Madhya Pradesh on 28 August, 2023
Author: Dinesh Kumar Paliwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 7907 of 2023
(ANOOP @ SATISH SHUKLA Vs THE STATE OF MADHYA PRADESH)
Dated : 28-08-2023
Shri R.N.Dwivedi - Advocate for the appellant.
Shri S.M. Patel - 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.14413/2023, 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 Section
341 of IPC and has been sentenced to undergo S.I. for 01 month and fine of
Rs.200/- with default stipulation; under Section 354(a)(i) of IPC and has been
sentenced to undergo R.I. for 03 years and fine of Rs.200/- with default
stipulation; under Section 354 of IPC and has been sentenced to undergo R.I.
for 03 years and fine of Rs.200/- with default stipulation; and Section 7/8 of
POCSO Act and has been sentenced to undergo R.I. for 03 years and fine of
Rs.200/- with default stipulation vide judgment dated 29.05.2023 delivered by
Special Judge, Rewa under POCSO Act, District Rewa, in S.C. 40/2021
(State of M.P. Vs. Anoop alias Satish Shukla).
Learned counsel for the appellant has submitted that appellant has not
committed any offence. He has been erroneously convicted by the trial Court.
Signature Not Verified
Signed by: VINOD SHARMA
Signing time: 8/29/2023
11:33:49 AM
The learned trial court has not properly appreciated the evidence of prosecution
and defence witnesses and has not taken into consideration various omissions
and contradictions appeared in their evidence. It is further submitted that in the
course of trial appellant was on bail. He has not misused the liberty granted by
way of bail during trial. Even after conviction and passing of order of jail
sentence, learned trial Court itself had suspended the jail sentence of the
appellants till 29.06.2023. Thereafter, this Court vide its order dated 21.6.2023
extended the suspension of jail sentence till 28.08.2023. 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
n o t suspended, the purpose of filing this appeal would become futile.
Therefore, it has been prayed that the execution of jail sentence of appellant
may 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.14413/2023 is allowed. The execution of jail
sentence of appellant 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
Signature Not Verified
trial Court on 28.11.2023 and also on such other dates, as may be fixed by that
Signed by: VINOD SHARMA
Signing time: 8/29/2023
11:33:49 AM
Court in this regard during the pendency of this appeal.
List this case for final hearing in due course.
Certified copy today.
(DINESH KUMAR PALIWAL)
JUDGE
Vin**
Signature Not Verified
Signed by: VINOD SHARMA
Signing time: 8/29/2023
11:33:49 AM
