Pawan Yadav vs The State Of Madhya Pradesh
2023 Latest Caselaw 1636 MP

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                                                    IN THE HIGH COURT OF MADHYA PRADESH
                                                                 AT JABALPUR
                                                                  CRA No. 4431 of 2017
                                                          (PAWAN YADAV Vs THE STATE OF MADHYA PRADESH)

                                   Dated : 30-01-2023
                                          Shri S.D. Mishra - Advocate for the appellant.

                                          Ms. Seema Sahu - Panel Lawyer for the respondent-State.

Heard on I.A. No.21885 of 2022, which is third application filed by the appellant under Section 389 (1) of the Cr.P.C. seeking suspension of sentence and grant of bail.

The appellant has been convicted by the impugned judgment passed by the trial Court for offences punishable under Sections 376, 506- II and 313 of the Indian Penal Code and Sections 5 (n)/6, 5 (l)/6 & 5 (a)(ii)/6 of the Protection of Children from Sexual Offences Act and sentenced to undergo RI for 10 years (fine Rs.1,000/-), RI for six months, (fine Rs.500/-), RI for 1 year (Rs.500/-), RI for 10 years (fine Rs.1,000/-), RI for 10 years (fine Rs.1000/-) and RI for 10 years (fine Rs.1000/-), respectively with default stipulation.

Earlier applications filed by the appellant, namely, I.A. No.272 of 2018 was dismissed as withdrawn on 20.07.2018 and I.A. No.19762 of 2019 was dismissed vide order dated 10.02.2021.

Learned counsel for the appellant submits that the trial Court has not

appreciated the evidence on record in proper perspective and hence arrived at erroneous findings. This application has been filed mainly on the ground of custody period of the appellant. It is contended that the appellant has been sentenced maximum RI for ten years and he is in custody since 20.06.2015 i.e. he has already served sentence more than seven and a half years. The final disposal of this appeal would take considerable time, therefore, the jail sentence of the appellant may be suspended and he Signature Not Verified SAN may be released on bail.

Digitally signed by KOUSHALENDRA SHARAN SHUKLA Date: 2023.01.31 12:02:03 IST Learned Panel Lawyer for the State has opposed the application for suspension

of sentence and grant of bail.

Heard learned counsel for the parties and perused the record. The appellant was aged about 23 years at the time of commission of offence. He has served sentence for more than seven years and final disposal of this appeal would take more time. Hence, keeping in view the nature of offence and other facts and circumstances of the case, mainly in view of the custody period, without commenting on merits of the case, I deem it appropriate to suspend the jail sentence of the appellant and to release him on bail. Therefore, without commenting on the merits of the case, this application is allowed.

It is directed that execution of remaining jail sentence of the appellant Pawan Yadav shall remain suspended and he shall be released on bail on his furnishing a

personal bond in a sum of Rs.50,000/- (Rupees Fifty Thousand only) with a surety in the like amount to the satisfaction of the trial Court concerned for his appearance before the concerned trial Court on 12.07.2023 and on such other dates as may be fixed in this regard during pendency of this appeal.

List the case for final hearing in due course.

(SMT. ANJULI PALO) JUDGE

ks

Signature Not Verified SAN

Digitally signed by KOUSHALENDRA SHARAN SHUKLA Date: 2023.01.31 12:02:03 IST