Sunil Adiwasi vs The State Of Madhya Pradesh
2023 Latest Caselaw 21818 MP

Madhya Pradesh High Court

Sunil Adiwasi 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. 4971 of 2017
                                               (SUNIL ADIWASI Vs THE STATE OF MADHYA PRADESH)

                           Dated : 19-12-2023
                                  Mohd. Saleem Khan - Advocate for appellant.

                                  Shri K.S. Patel - Panel Lawyer for respondent/State.

Heard on I.A. No.26735/2023, this is repeat (fifth) application for suspension of sentence and grant of bail filed under Section 389(1) of Cr.P.C. on behalf of appellant-Sunil Adiwasi.

Earlier applications for suspension of custodial sentence and grant of bail has been dismissed as withdrawn by this Court.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 30/10/2017 passed by Special Judge (Protection of Children from Sexual Offences Act, 2012), Damoh in Special S.T. No.300096/2016 and appellant has been convicted for offence punishable under Sections 363, 366 and 376(2)(Dha) of IPC and sentenced to undergo RI for 2 years, 3 years and 10 years and to pay fine of Rs.1,000/-, Rs.2,000/- and Rs.5,000/- 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 Panel Lawyer 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 - Sunil Adiwasi shall 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 Court 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

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