Surendra Singh Yadav vs The State Of Madhya Pradesh
2023 Latest Caselaw 21429 MP

Madhya Pradesh High Court

Surendra Singh Yadav vs The State Of Madhya Pradesh on 14 December, 2023

Author: Roopesh Chandra Varshney

Bench: Roopesh Chandra Varshney

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                       CRA No. 3903 of 2023
                                          (SURENDRA SINGH YADAV Vs THE STATE OF MADHYA PRADESH)

                           Dated : 14-12-2023
                                 Shri Ranjan Banerjee - Advocate for the appellant.

                                 Shri Kunwar Singh Patel - Panel Lawyer for respondent/State.

Heard on admission.

Appeal is admitted for final hearing.

Also heard on I.A. No.6072/2023, which is the first application for

suspension of sentence and grant of bail filed under Section 389(1) of Cr.P.C. on behalf of appellant.

The appellant has been convicted vide judgment dated 30.01.2023 passed by Special Judge (POCSO, Act), District Panna in S.C. No. 18/2021 and appellant has been convicted for offence punishable under Section 363 of IPC and sentenced to undergo RI for 3 years with fine of Rs.1000/-, under Section 366-A of IPC and sentenced to undergo RI for 5 years with fine of Rs.1000/-, under Section 376 of IPC and sentenced to undergo RI for 10 years with fine of Rs.5000/- and under Section 3/4 of POCSO Act and sentenced to undergo RI

for 10 years with fine of Rs.5000/-, with default stipulations.

Learned counsel for the appellant submits that the trial Court has not properly appreciated the evidence in its proper perspective and committed grave error in convicting the appellant for aforesaid offence. The appellant is in custody from the date of impugned judgment.There are fair chances of success of this appeal and final hearing of same will take considerable time, therefore, if remaining custodial sentence has not been suspended, then the appeal filed by appellant may turn infructuous. Under these circumstances, learned counsel for

appellant prays for suspension of jail sentence and release of the appellant on bail till the final disposal of the appeal.

On the other hand, learned counsel for the State opposed the application and prays for its rejection.

Looking to the aforesaid facts and circumstances of the case and according to listing policy, the hearing of this appeal will take time, the application is allowed and it is directed that the execution of the remaining jail sentence passed against appellant shall remain suspended during the pendency of this appeal and entire fine amount, if already not deposited and upon his furnishing personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand

only) with one solvent surety in like amount to the satisfaction of the trial Court for securing his presence before the trial Court on 01/02/2024 and on such further dates as may be fixed by trial Court it in this regard during the pendency of this appeal.

List the appeal for final hearing in due course.

(ROOPESH CHANDRA VARSHNEY) JUDGE

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