Nandkishor vs The State Of Madhya Pradesh
2023 Latest Caselaw 160 MP

                                                              1
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                      CRA No. 12261 of 2022
                                        (NANDKISHOR Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                          Dated : 03-01-2023
                                Shri J. K. Chourasiya - Advocate for the appellant.

                                Shri Ravendra Shukla- Panel Lawyer for the respondent No.1/State.

Call for the trial Court record.

Heard on I.A.No.24492/2022, an application under Section 389(1) of Cr.P.C. for suspension of jail sentence and grant of bail to the appellant

pending the appeal.

T h e appellant has been convicted for commission of offence under Section 354 of IPC and Section 7/8 of POCSO Act, 2012 and has been sentenced to undergo R.I. for 3-3 years and fine of Rs. 1000/- - Rs.1000/- with default stipulation by the learned Additional Sessions Judge/ Special Judge (POCSO Act), Sagar vide judgment dated 14.12.2022 passed in S.C. No.185/2021 (State of MP Vs. Nandkishor).

Learned counsel for the appellant has submitted that during trial, he was on bail and he has not misused the liberty granted to him by way of bail. It is

submitted that prosecution had not been successful before the trial Court to prove the fact that at the time of commission of offence prosecutrix was below 18 years of age. In that regard, evidence of the prosecution witnesses have not been properly appreciated by the trial Court. Trial Court has also not properly appreciated the factum of enmity between the parties. Therefore, appellant has fair chances to succeed in appeal. There is no possibility of coming of this appeal for hearing in near future. Therefore, if the jail sentence is not suspended, the purpose of filing this appeal would become futile. Signature Not Verified Signed by: DEEPA MISHRA Signing time: 1/4/2023 12:53:36 PM

On the other hand, learned counsel for the respondent/State has opposed the prayer for grant of bail to the appellant.

Considering the short nature of sentence and contention of learned counsel for the appellant, I deem it proper to suspend the remaining jail sentence of the appellant because final hearing of this appeal is not possible in near future.

Consequently, I.A.No.24492/2022 is allowed. The execution of jail sentence of appellant-Nandkishor is hereby suspended subject to depositing the fine amount, (if not already deposited). It is directed that the 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 26.05.2023 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 argument on admission after receipt of the record. Certified copy as per rules.

(DINESH KUMAR PALIWAL) JUDGE

mrs. mishra

Signature Not Verified Signed by: DEEPA MISHRA Signing time: 1/4/2023 12:53:36 PM