Umesh vs The State Of Madhya Pradesh
2023 Latest Caselaw 21694 MP

Madhya Pradesh High Court

Umesh vs The State Of Madhya Pradesh on 18 December, 2023

Author: Roopesh Chandra Varshney

Bench: Roopesh Chandra Varshney

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 12302 of 2022 (UMESH AND OTHERS Vs THE STATE OF MADHYA PRADESH)

Dated : 18-12-2023 Shri Praveen Kumar Mishra - Advocate for the appellant.

Shri Rajesh Kumar Awasthi - Advocate for the complainant. Ms. Shakti Tripathi - Panel Lawyer for the State.

Heard on I.A. No.7075/2023, this is first application for suspension of sentence and grant of bail filed under Section 389(1) of Cr.P.C. on behalf of

appellant - Umesh.

T he appellant has been convicted and sentenced as mentioned in the impugned judgment dated 29.11.2022 passed in ST No.300230/2014 by Special Judge (POCSO) and III ASJ, District Chhindwara.

Learned counsel for the appellant submits that the parties have entered into compromise and amicably settled their dispute and factum of compromise has been duly verified by Registrar (J-II). 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, Panel Lawyer has opposed the contention raised by learned counsel for appellant and prays for rejection of said application. However, learned counsel for the objection/complainant submits that the complainant has no objection if sentence of the appellant is suspended.

Looking to the aforesaid facts and circumstances of the case coupled

with the fact that parties have amicably settled their dispute and factum of compromise has been duly verified by Registrar (J-II) 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 subject to depositing 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 24/01/2024 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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