Chakresh vs The State Of Madhya Pradesh
2023 Latest Caselaw 585 MP

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                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                      CRA No. 11211 of 2022
                                                (CHAKRESH Vs THE STATE OF MADHYA PRADESH)

                          Dated : 10-01-2023
                                Shri Jafar Khan - Advocate for the appellant.

                                Shri S. M. Patel- Panel Lawyer for the respondent /State.

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.22852/2022, 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 Sections 354, 354 A(i) and Section 323 of IPC and has been sentenced to undergo R.I. for 1-1 year and fine of Rs.500/- - Rs.500/- and fine of Rs.1000/- with default stipulation by the learned Special Judge (POCSO Act) and 9th Additional Sessions Judge, District Sagar, vide judgment dated 23.11.2022

passed in Special Case No.268/2020 (State of MP Vs. Chakresh).

Learned counsel for the appellant has submitted that appellant is in jail. During trial, he was on bail and he has not misused the liberty granted to him by way of bail. It is submitted that learned trial Court has not properly appreciated the evidence of prosecution witnesses which is full of omissions and contradictions. Learned counsel further submitted that he has fair chance to succeed in appeal. It is submitted that only one year jail sentence has been awarded and there is no possibility of coming of this appeal for hearing in near Signature Not Verified Signed by: DEEPA MISHRA Signing time: 1/11/2023 12:10:04 PM

future. Therefore, if the jail sentence is not suspended, the purpose of filing this appeal would become futile.

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

Having taken into consideration the period already undergone by the appellant in jail and 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.22852/2022 is allowed. The execution of jail

sentence of appellant- Chakresh 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 8.6.2023 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 hearing on admission, immediately after receipt of trial Court record.

Certified copy as per rules.

(DINESH KUMAR PALIWAL) JUDGE

mrs. mishra

Signature Not Verified Signed by: DEEPA MISHRA Signing time: 1/11/2023 12:10:04 PM