Pawan Prajapati vs The State Of Madhya Pradesh
2023 Latest Caselaw 22262 MP

Citation : 2023 Latest Caselaw 22262 MP
Judgement Date : 22 December, 2023

Madhya Pradesh High Court

Pawan Prajapati vs The State Of Madhya Pradesh on 22 December, 2023

Author: Roopesh Chandra Varshney

Bench: Roopesh Chandra Varshney

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 5869 of 2022 (PAWAN PRAJAPATI Vs THE STATE OF MADHYA PRADESH)

Dated : 22-12-2023 Shri Sourabh Soni - Advocate for the appellant.

Shri Shivam Chhalotre - Advocate for the objector. Shri Ramji Patel - Panel Lawyer for the State.

Heard on admission.

Appeal seems to be arguable, hence, admitted for hearing.

Also heard on IA No.16588/2022, which is first application under Section 389(1) of Cr.P.C. for suspension of sentence and grant of bail moved on behalf of appellant-Pawan Prajapati.

Appellant has been convicted and sentenced as mentioned in the impugned judgment dated 26.05.2022 passed in SC No.96/2020 by Special Judge, (POCSO/SC-ST), District Narmadapuram.

It is submitted by the counsel for the appellant that the appellant has been falsely implicated in the case. He has a good case on merits and hope to succeed in the appeal. He is in jail for 3 years and 8 months. It is further

submitted that appeal is of the year 2022 and there is no likelihood of appeal being taken up for final hearing. Under such circumstances, sentence of the appellant may be suspended.

Learned counsel for the State as well as objector have opposed the application.

Considering overall facts and circumstances of the case and the fact that appeal is of the year 2022 and there is no likelihood of early hearing of the appeal in near future, however, without touching merits of the matter, appellant

is held entitled for suspension of jail sentence and grant of bail.

Accordingly, IA No.16588/2022 stands allowed and it is directed that the jail sentence of appellant shall remained suspended and he be released on bail upon his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the trial Court subject to verification of factum regarding deposit of fine amount. Appellant is directed to appear before the trial Court first on 27.02.2024 and on other subsequent dates as may be fixed in this behalf.

List for final hearing in due course.

(ROOPESH CHANDRA VARSHNEY) JUDGE