Sureshnath vs The State Of Madhya Pradesh
2023 Latest Caselaw 1097 MP

Citation : 2023 Latest Caselaw 1097 MP
Judgement Date : 18 January, 2023

Madhya Pradesh High Court

Sureshnath vs The State Of Madhya Pradesh on 18 January, 2023

Author: Subodh Abhyankar

IN THE HIGH COURT OF MADHYA PRADESH AT INDORE CRA No. 2052 of 2021 (SURESHNATH Vs THE STATE OF MADHYA PRADESH)

Dated : 18-01-2023 Shri Santosh Kumar Meena, learned counsel for appellant Suresh

Nath S/o Vakeel Nath.

Shri Tarun Pagare, learned counsel appearing on behalf of the Advocate General.

Heard on IA No.15828/2022, a repeat (FOURTH) application under

Section 389 (1) of the Code of Criminal Procedure, 1973 for suspension of jail sentence and grant of bail filed on behalf of the appellant.

The present appellant has been convicted and sentenced by learned Special Judge (POCSO Act, 2012) Mandsaur, District Mandsaur (MP) in Special Sessions Trial No.300128/2014 vide judgment dated 9th March, 2021, as under: -

                                           C onviction                                Se nte nce
                              Section          Act           RI         Fine amount   Imprisonment in lieu of fine
                                363            IPC         2 years       Rs.1,000/-     2 months additional RI
                                366            IPC         3 years       Rs.1,000/-     3 months additional RI
                             376 (2) (n)       IPC         10 years      Rs.5,000/-     6 months additional RI

Counsel for the appellant seeks leave of this Court to withdraw the

aforesaid application for suspension; however, it is submitted that the matter may be heard finally, as the appellant is already lodged in jail since last three years.

The prayer is allowed.

Accordingly, IA No.15828/2022 is allowed. Let the matter be listed for final hearing in the week commencing 20.02.2023 in the Final Hearing List.

Signature Not Verified Signed by: RAMESH CHANDRA PITHWE Signing time: 18-01-2023 18:16:19

In this view of the matter, IA No.15829/2022, an application filed on behalf of the appellant for urgent hearing of the appeal also stands allowed and disposed of.

(SUBODH ABHYANKAR) JUDGE

rcp

Signature Not Verified Signed by: RAMESH CHANDRA PITHWE Signing time: 18-01-2023 18:16:19