Bali @ Surendra vs The State Of Madhya Pradesh
2023 Latest Caselaw 2737 MP

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                                          IN THE HIGH COURT OF MADHYA PRADESH
                                                        AT INDORE
                                                       CRA No. 2356 of 2023
                                             (BALI @ SURENDRA Vs THE STATE OF MADHYA PRADESH)

                           Dated : 14-02-2023
                                  Shri Aayush Pandey, learned counsel for the appellant.

                                  Shri Abhishek Bhargava, learned G.A. for the respondent/State.

Heard on IA No.2183/2023, which is first application under Section 389(1) of Cr.P.C. for suspension of sentence and grant of bail filed on behalf of the appellant - Bali @ Surendra.

This appeal is filed by the appellant being aggrieved by the judgment dated 10.01.2023 passed by Learned Special Judge, POCSO Act, 2012, Jaawra, District Ratlam in Special Session Trial No.52/2021 whereby the appellant has been convicted for the offence under Section 354 of IPC and sentenced to undergo 1 year's R.I. with fine of Rs.1,000/- with default stipulation.

Learned counsel for the appellant submits that the appellant was on bail during the trial and he did not misuse the liberty so granted to him. Short sentence of 1 Year R.I. is involved in this case. The learned trial court has not

appreciated the evidence came on record and wrongly convicted the appellant. The appeal is of 2023 and there is no possibility of early hearing of this appeal.

Learned Government Advocate opposes the application and prays for its rejection.

Considering the facts and circumstances of the case and the arguments advanced by the counsel for the parties, the application (I.A.No.2183/2023) is allowed.

It is directed that the jail sentence of the appellant - Bali @ Surendra Signature Not Verified Signed by: DIVYANSH SHUKLA Signing time: 15-02-2023 10:33:22

shall remain suspended and he be released on bail upon his depositing the fine amount (if not already deposited) and also upon furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one surety in the like amount to the satisfaction of the trial Court for his appearance before the Registry of this Court on 15.06.2023 and on such further dates as may be fixed in this behalf by the Registry during the pendency of this appeal.

List for final hearing in due course.

Accordingly, I.A.No.2183/2022 stands allowed and disposed off. Let record of the Court below be called for.

(VIVEK RUSIA) JUDGE

Divyansh

Signature Not Verified Signed by: DIVYANSH SHUKLA Signing time: 15-02-2023 10:33:22