Rajkumar Sen vs The State Of Madhya Pradesh
2023 Latest Caselaw 589 MP

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                                          IN THE HIGH COURT OF MADHYA PRADESH
                                                       AT JABALPUR
                                                         CRA No. 12705 of 2022
                                                (RAJKUMAR SEN Vs THE STATE OF MADHYA PRADESH)

                          Dated : 10-01-2023
                                    Shri B. K. Upadhyay - Advocate for the appellant.

                                    Shri A. N. Gupta - Govt. Advocate for the respondent /State.

Call for trial Court record.

Heard on I.A. No.25642/2022, application for early hearing during winter vacation.

As prayed by learned counsel for the appellant, the same is dismissed as having rendered infructuous.

Also heard on I.A.No.25641/2022, 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 363 of IPC and has been sentenced to undergo R.I. for 3 years and fine of Rs. 2,000/- with default stipulation by the learned Special Judge, POCSO Act, Panna, District Panna vide judgment dated 26.12.2022 passed in

S.T.No.160/2021 (State of MP Vs. Rajkumar Sen).

Learned counsel for the appellant has submitted that appellant has been released on bail till 25.1.2023 by the trial Court. During trial, he was on bail and he has not misused the liberty granted to him by way of bail. Learned counsel further submitted that he has fair chance 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: 1/11/2023 12:10:04 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.25641/2022 is allowed. The execution of jail sentence of appellant- Rajkumar Sen 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