Ghanshyam Thakur vs The State Of Madhya Pradesh
2023 Latest Caselaw 20379 MP

Madhya Pradesh High Court

Ghanshyam Thakur vs The State Of Madhya Pradesh on 4 December, 2023

Author: Hirdesh

Bench: Hirdesh

                                                              1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                       CRA No. 10923 of 2023
                                           (GHANSHYAM THAKUR Vs THE STATE OF MADHYA PRADESH)

                          Dated : 04-12-2023
                                 Shri K.P Pathak- Advocate for the appellant.

                                 Ms. C.K Pal - Panel Lawyer for the respondent/ State.

Heard on the question of admission.

The appeal is admitted for final hearing.

Heard on I.A. No. 20502 of 2023, which is first application under

Section 389(1) of the Cr.P.C for suspension of sentence and grant of bail to appellant arising out of judgment dated 09.08.2023 passed by Special Judge, POCSO Act, District Dindori in Session Trial No. 101 of 2021.

T h e appellant has been convicted for the offence punishable under Section 341, 354 of the IPC, Section 7/8, 11(i)/12 of POCSO Act and sentenced to R.I for one month with fine of Rs.100/-, R.I for one year with fine of Rs.300/- and R.I for 3 years with fine of Rs.500/- , and R.I for one year with fine of Rs.300/-along with default stipulations.

Counsel for the appellant submitted that the independent witness have

turned hostile, this fact has not been considered by the trial court. There are several omissions and contradictions in the statement of prosecution witnesses. Appellant's sentence has already been suspended by this Court till 06.12.2023 by a coordinate Bench by order dated 19.09.2023. He was on bail during trial and did not misuse the liberty granted to him. Final hearing of this appeal would take sufficiently long time. Hence, prays for suspension of sentence and grant of bail to the appellant.

Learned counsel for the respondent/State has opposed the application for

suspension of sentence and prays for its rejection.

I have heard counsel for the parties and perused the record. Considering the facts and circumstances of the case and the fact that final hearing of the appeal would take sufficient long time and the appellant did not misuse the liberty of bail granted to him earlier, I am of the opinion that the jail sentence of appellant deserves to be suspended.

Accordingly, without commenting on the merits of the case, II.A. No. 20502 of 2023 is allowed and it is directed that subject to deposit of fine amount, if not already deposited, and on furnishing personal bond in the sum of Rs.25,000/-(Rupees Twenty Five Thousand Only) with one solvent surety in

the like amount to the satisfaction of trial Court, the execution of remaining jail sentence of the appellant shall remain suspended till final disposal of this appeal.

The appellant Ghanshyam Thakur after being enlarged on bail shall mark his presence before the concerned trial Court on 22.12.2023 and thereafter on all subsequent dates as may be fixed in this behalf.

List the appeal for final hearing in due course.

Certified copy as per rules

(HIRDESH) JUDGE

tarun