Ashwani Malviya vs The State Of Madhya Pradesh
2023 Latest Caselaw 21690 MP

Madhya Pradesh High Court

Ashwani Malviya vs The State Of Madhya Pradesh on 18 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. 1858 of 2023
                                         (ASHWANI MALVIYA Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                           Dated : 18-12-2023
                                 Shri Abhinav Dunbey - Advocate for appellant.

                                 Shri Yaduvendra Dwivedi - Panel Lawyer for respondent/State.

Heard on I.A.No.29320 of 2023, which is the third appellant for suspension of sentence and grant of bail.

Earlier First bail application was dismissed as withdrawn vide order dated

24.04.2023 and Second bail application was dismissed vide order dated 21.11.2023.

The appellant has been convicted vide judgment dated 06.01.2023 passed by Special Judge (POCSO Act & SCST Act), Narmadapuram in S.T. No.126/2021 for t h e offence punishable under Sections 354 of IPC and sentenced him to undergo R.I. for 1 year with fine of Rs2000/- and Section 7/8 of POCSO Act and sentenced him to undergo R.I. for 3 years with fine of Rs.2000/-, with default stipulation.

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. During trial appellant was on bail and he never misused the liberty granted to him. The appellant's custodial sentence has already been suspended by trial Court till 21.12.2022, 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 the appellant's custodial sentence has already been suspended by trial Court 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 entire fine amount 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 01/02/2024 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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