Ajay Alias Rahul Singh Gaharwar vs The State Of Madhya Pradesh
2023 Latest Caselaw 1076 MP

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                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                       CRA No. 974 of 2023
                                    (AJAY ALIAS RAHUL SINGH GAHARWAR Vs THE STATE OF MADHYA PRADESH)

                          Dated : 18-01-2023
                                Shri R.S. Parihar - Advocate for the appellant.

                                Shri Nishant Yadav - Panel Lawyer for the respondent/State.

Heard on the question of admission.

Appeal is admitted for final hearing.

Record of the trial court be requisitioned.

Also heard on I.A No. 1169/2023 which is an application under Section 389 (1) of Cr.P.C for suspension of sentence moved on behalf of appellant.

The appellants has been convicted for offence punishable under Section 11 (i) read with Section 12 of POCSO Act and sentenced to undergo R.I. for 2 years & fine of Rs. 2000/-, under Section 454 of IPC and sentenced to undergo R.I. for 1 year & fine of Rs. 3000/- with default stipulations.

Learned counsel for the appellant submits that the appellant is innocent and has been falsely implicated in the matter. The learned trial Court has erred in not appreciating the fact that there are material omissions and contradictions in

the version of the prosecution witnesses. The jail sentence of the appellants has already been suspended by the Trial Court till 60 days from the date of judgment and during bail he has not misused the liberty granted to him. It is further submitted that there is no likelihood of hearing of appeal in near future. Hence, counsel prayed that application for suspension of sentence be allowed.

Learned Panel Lawyer for the respondent/State on the other hand has opposed the application and prays for its rejection.

In due consideration of the submissions made on behalf of the appellant, Signature Not Verified Signed by: AMITABH RANJAN Signing time: 1/20/2023 11:05:38 AM

o n perusal of the record and looking to the fact that the jail sentence of the appellant is already suspended, it would be appropriate to suspend the jail sentence of the appellant.

Accordingly, I.A. filed on behalf of appellant is allowed and it is directed that subject to deposit of fine amount if already not deposited and on furnishing personal bond by appellant in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety in the like amount to the satisfaction of the learned trial Court, for his regular appearance before the concerned trial Court, the execution of custodial part of the remaining sentence imposed against the appellants shall remain suspended, till the final disposal of this

appeal.

The appellants shall mark their presence before the concerned trial Court on 13.03.2023 and on all such subsequent dates, which are fixed in this regard by the concerned trial Court.

List in due course for final hearing.

Certified copy, as per rules.

(RAJENDRA KUMAR (VERMA)) JUDGE

Amitabh

Signature Not Verified Signed by: AMITABH RANJAN Signing time: 1/20/2023 11:05:38 AM