Madhya Pradesh High Court
Sanjay Kumar Kewat vs The State Of Madhya Pradesh on 15 February, 2023
Author: Dinesh Kumar Paliwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 499 of 2023
(SANJAY KUMAR KEWAT AND OTHERS Vs THE STATE OF MADHYA PRADESH AND OTHERS)
Dated : 15-02-2023
Shri Neeraj Singh Chouhan - Advocate for the appellants.
Shri S. K. Gupta - Panel Lawyer for respondent No.1/ State.
None for respondent no.2 depsite service of notice.
Trial Court record has been received.
Heard on admission.
Prima facie, this appeal seems to be arguable. Hence, admitted for final
hearing.
Heard on I.A.No.480/2023, an application under Section 389(1) of
Cr.P.C. for suspension of jail sentence and grant of bail to appellants pending
the appeal.
T he appellants have been convicted for commission of offence under
Sections363, 354, 323/34 of IPC, Section 7/8 of POCSO Act and Section 3(2)
(va) of SC/ST (Prevention of Atrocities) Act and sentenced for 3-3 years R.I.
and 6 months R.I. and fine of Rs.1000/-, 2000/-, Rs.500/-, Rs.2000/- and
Rs.1000/- with default stipulation vide judgment dated 19.12.2022 passed in
Special Case No.62/2021 (State of M.P. Vs. Sanjay Kumar Kewat and another)
by Special Judge, (POCSO Act), District Singrauli.
Learned counsel for the appellants has submitted that appellants have
been erroneously convicted by the learned trial Court. In the course of trial,
appellants were on bail and they have not misused the liberty granted by way of
bail. Learned trial Court itself released them on bail till 19.1.2023. Thereafter,
this Court has extended their bail vide order dated 17.1.2023 till today. Learned
Signature Not Verified
Signed by: DEEPA MISHRA
Signing time: 2/15/2023
6:19:35 PM
trial Court has not properly appreciated the evidence of prosecution witnesses.
Appellants have fair chances to succeed in appeal. There is no possibility of
coming of this appeal for hearing in near future. Therefore, it has been prayed
that the appellants be released on bail till the disposal of appeal.
On the other hand, learned counsel for the respondent/State has opposed
grant of bail to the appellants.
Having considered the short nature of sentence and the fact that there is
no possibility of hearing of this appeal in near future, I am inclined to suspend
the execution of remaining jail sentence of the appellants.
Consequently, I.A.No.480/2023 is allowed. The execution of jail
sentence of appellants is hereby suspended subject to depositing the fine
amount if not already deposited. It is directed that appellants be released on
bail on their furnishing a personal bond to a sum of Rs.50,000/- (Rupees
Fifty thousand only) each with one solvent surety each of the like amount to
the satisfaction of the trial Court with a further direction to appear before the
trial Court on 15.06.2023 and also on such other dates, as may be fixed by
that Court in this regard during the pendency of this appeal.
List the case for final hearing in due course.
Certified copy today.
(DINESH KUMAR PALIWAL)
JUDGE
mrs. mishra
Signature Not Verified
Signed by: DEEPA MISHRA
Signing time: 2/15/2023
6:19:35 PM
