Rajesh @ Dadiya vs The State Of Madhya Pradesh
2023 Latest Caselaw 21943 MP

Madhya Pradesh High Court

Rajesh @ Dadiya vs The State Of Madhya Pradesh on 20 December, 2023

Author: Hirdesh

Bench: Hirdesh

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 10433 of 2023 (RAJESH @ DADIYA Vs THE STATE OF MADHYA PRADESH)

Dated : 20-12-2023 Shri Akshat Tamrakar - Advocate for the appellant.

Mr. Manish Mukhariya - P.L. for the State.

Notice is served to the victim.

Considered I.A.No.19657/2023, which is first application u/s 389 (1) Cr.P.C. for suspension of sentence and grant of bail on behalf of appellant-

Rajesh @ Dadiya.

Vide impugned judgment dated 21.07.2023 passed in S.C.No.58/2021 by Special Judge (POCSO Act), Waraseoni, District Balaghat, the appellant has been convicted for offences u/s 8 of POCSO Act, and sentenced to undergo R.I. for 3 years and fine of Rs.500/-, with default stipulations.

Learned Counsel for the appellant submitted that the appellant was falsely implicated and he is innocent. The appellant hopes success in the appeal on the ground raised in the appeal. He further submitted that the appellant was on bail during the trial and he has not misused liberty, and there are so many

contradictions in the case and there is no chance of hearing the appeal in near future. So he prays for suspension of sentence and grant of bail.

Learned counsel for the State opposed the application for suspension of sentence and grant of bail.

After hearing Counsel for both the parties, and on perusal of the record, and as it was found that the appellant was on bail during the trail and he has not misused the liberty, and considering the evidence, without commenting on the merit of the case, it is a fit case for grant of bail. I.A. No.19657/2023 is

allowed.

Subject to depositing the fine amount (if not already deposited), the remaining jail sentence of this appellant is hereby suspended and it is directed that appellant Rajesh @ Dadiya be released on bail on his furnishing a personal bond for a sum of Rs.25,000/- (Rupees Twenty five Thousand only) with one solvent surety of the like amount to the satisfaction of the concerned trial Court with a further direction to appear before concerned trial Court, on 21th of March, 2024 and also on such other dates as may be fixed by the trial Court in this regard during the pendency of this appeal.

I.A.No.19657/2023 is allowed.

C.C. as per rules

(HIRDESH) JUDGE

nd

Date: 2023.12.21 12:56:31 -08'00'