Madhya Pradesh High Court
Golu @ Parmanand Malviya vs The State Of Madhya Pradesh on 19 December, 2023
Author: Roopesh Chandra Varshney
Bench: Roopesh Chandra Varshney
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 529 of 2020
(GOLU @ PARMANAND MALVIYA Vs THE STATE OF MADHYA PRADESH AND OTHERS)
Dated : 19-12-2023
Shri K.K. Yadav- Advocate for appellant.
Shri D.P. Patel - Deputy Government Advocate for respondent/State.
Heard on I.A. No.23534/2023, this is repeat (second) application for
suspension of sentence and grant of bail filed under Section 389(1) of Cr.P.C.
on behalf of appellant-Golu @ Parmanand Malviya.
Earlier application for suspension of custodial sentence and grant of bail
has been dismissed as withdrawn by this Court.
The appellant has been convicted vide judgment dated 31/12/2019 passed
by Third Additional Sessions Judge, Sehore in Special S.T. No.52/2018 and
appellant has been convicted for offence punishable under Sections 366, 376(2)
(n) read with Section 5(L)/6 of Protection of Children from Sexual Offences
Act, 2012, 343 and 506 of IPC and sentenced to undergo RI for 7 years, 10
years, 1 year and 2 years and to pay fine of Rs.3,000/-, Rs.3,000/-, Rs.1,000/-
and Rs.1,000/- for each offence respectively with usual 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. It is also
submitted that the appellant has already served out more than half of custodial
sentence. 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.
O n the other hand, learned Deputy GA has opposed the contention
rais ed by learned counsel for appellant and prays for rejection of said
application.
Looking to the aforesaid facts and circumstances of the case coupled
with the fact that appellant has already served out more than half of custodial
sentence 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 - Golu @ Parmanand s hall remain
suspended during the pendency of this appeal and he be released on bail
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
C o urt for securing his presence appearance before the trial Court on
05/02/2024 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
skt
