Madhya Pradesh High Court
Badan Kumar Bansal vs The State Of Madhya Pradesh on 20 February, 2023
Author: Dinesh Kumar Paliwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 877 of 2023
(BADAN KUMAR BANSAL Vs THE STATE OF MADHYA PRADESH AND OTHERS)
Dated : 20-02-2023
Shri Pradeep Kumar Singh, learned counsel for the appellant.
Shri Ramanuj Choubey - Panel Lawyer for the respondent/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.1015/2023 an application under Section 389(1) of
Cr.P.C. for suspension of jail sentence and grant of bail to appellant pending
the appeal.
T h e appellant has been convicted for commission of offence under
Sections 457/34, 354/34 of IPC and Section 7/8 of POCSO Act and has been
sentenced to undergo R.I. for 1-1 year and fine of Rs.2000/- for each offence
with default stipulation; Section 7/8 of POCSO Act and has been sentenced to
R.I. for 3-3 years and fine of Rs.500/- for each offence, with default stipulation
vide judgment dated 28.12.2022 passed in Special Case No.21/2022 (State of
M.P. Vs. Badan Kumar Bansal) by Special Judge, POCSO Act, District Rewa.
Learned counsel for the appellant has submitted that appellant has been
erroneously convicted by the learned trial Court. In the course of trial, appellant
was on bail and he has not misused the liberty granted by way of bail. It is
further submitted that after conviction and passing of jail sentence, learned trial
Court itself has suspended the jail sentence of the appellant till 27.1.2023.
Signature Not Verified
Signed by: DEEPA MISHRA
Signing time: 2/21/2023
11:29:37 AM
Thereafter, this Court vide its order dated 18.1.2023 has extended the bail till
today. Learned trial Court has not properly appreciated the evidence of
prosecution witnesses. Appellant has 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 appellant 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 appellant.
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 appellant.
Consequently, I.A.No.1015/2023 is allowed. The execution of jail
sentence of appellant- Badan Kumar Bansal is hereby suspended subject
to depositing the fine amount if not already deposited. It is directed that
appellant be released on bail on his furnishing a personal bond to a sum
of Rs.50,000/- (Rupees Fifty thousand only) with one solvent surety 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 as per rules.
(DINESH KUMAR PALIWAL)
JUDGE
mrs. mishra
Signature Not Verified
Signed by: DEEPA MISHRA
Signing time: 2/21/2023
11:29:37 AM
