Sunil vs The State Of Madhya Pradesh
2023 Latest Caselaw 21562 MP

Madhya Pradesh High Court

Sunil vs The State Of Madhya Pradesh on 15 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. 11580 of 2022
                                            (SUNIL Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                           Dated : 15-12-2023
                                 Shri Manoj Kumar Singh - Advocate for appellant.

                                 Shri Ramji Patel - Panel Lawyer for the respondent/State.

Heard on I.A.No.22244/2023, an application for change of counsel filed on behalf of appellant.

On due consideration, application is allowed.

Shri Manoj Kumar Singh - Advocate and his Associates are permitted appear in the matter on behalf of appellant.

Also heard on I.A.No.14812/2023, which is the third application under Section 389(1) of the Cr.P.C. filed on behalf of appellant for suspension of sentence and grant of bail.

First application for suspension of sentence and grant of bail filed on behalf of appellant was dismissed for want of prosecution vide order dated 28/03/2023 and second application was dismissed on merit vide order dated 25/04/2023.

T he appellant has been convicted and sentenced as mentioned in the impugned judgment dated 25/08/2022 passed by III Additional Sessions Judge/Special Judge, (POCSO Act), Sagar in SC.No.156/2021.

Learned counsel for the appellant submitted that the trial Court has wrongly convicted the appellant for the aforesaid offence. There are several omissions and contradictions in the evidence adduced by the prosecution witnesses. It is submitted that though earlier application for suspension of sentence and grant of bail filed on behalf of appellant was dismissed on merit,

but during trial appellant remained in custody from 01/10/2018 to 29/12/2018 and is in custody since the date of judgment i.e. 25/08/2022, hence he prayed for suspension of jail sentence and release the appellant on bail as final hearing of this appeal will take time.

On the other hand, learned counsel for the respondent/State opposed the prayer and prayed for dismissal of the above application.

Looking to the facts and circumstances of the case, contention of learned counsel for the appellant and the fact that during trial appellant remained in custody from 01/10/2018 to 29/12/2018 and is in custody since the date of judgment i.e. 25/08/2022 and according to listing policy the hearing of this

appeal will take time, application is allowed and it is directed that the execution of the remaining jail sentence passed against appellant shall remain suspended during pendency of this appeal and he be released on bail subject to depositing fine amount, if not already deposited and upon his furnishing personal bond in the sum of Rs.50,000/- (Rs. fifty thousand only) with one surety in like amount to the satisfaction of the trial Court for his appearance before the trial Court on 24/01/2024 and on such further dates as may be fixed by trial Court in this regard during the pendency of this appeal.

List the matter for final hearing in due course.

Certified copy as per rules.

(ROOPESH CHANDRA VARSHNEY) JUDGE

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