Tulsidas @ Chhotu Vishwakarma vs The State Of Madhya Pradesh
2023 Latest Caselaw 763 MP

                                                              1
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                       CRA No. 575 of 2023
                                    (TULSIDAS @ CHHOTU VISHWAKARMA Vs THE STATE OF MADHYA PRADESH)

                          Dated : 12-01-2023
                                Shri Ram Bihari Gautam - learned counsel for the appellant.

                                Shri S. K. Yadav - learned Dy. Govt. Advocate for the respondent/State.

Call for the trial Court record.

Heard on I.A. No.585/2023, an application under Section 389(1) of Cr.P.C. for suspension of sentence and grant of bail to appellant, pending the

appeal.

Appellant has been convicted for commission of offence under Section 354D and 354 of IPC and has been sentenced to R.I. for 1-1 year and fine of Rs.2000/- - Rs.2000/- with default stipulations vide judgment dated 16.12.2022 passed in S.C. No. No.66/2018 (State of M.P. vs. Tulsidas @ Chhotu Vishwakarma) by Special Judge, POCSO, Satna (M.P.).

Learned counsel for the appellant has submitted that in the course of trial appellant was on bail. He has not misused the liberty granted by way of bail during trial. It is further submitted that a short sentence has been awarded by the

trial Court and there is no possibility of hearing of this appeal in near future. It is further submitted that after conviction and passing of jail sentence, learned trial Court itself has suspended the jail sentence of the appellant till 30.01.2023. It is submitted that prosecution had not been successful before the trial Court to prove the case. Trial Court has not properly appreciated the evidence of the prosecution witnesses. Therefore, appellant has a fair chance to succeed in this appeal. Hence, it has been prayed that the execution of jail sentence of appellant be suspended and he be released on bail.

Signature Not Verified Signed by: DEEPA MISHRA Signing time: 1/13/2023 10:58:01 AM

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

Having considered the short nature of sentence and the fact that there is no possibility of hearing of this appeal in near future, I am inclined to suspend the remaining jail sentence of the appellant.

Consequently, I.A. No.585/2023 is allowed. The execution of jail sentence of appellant 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 9.6.2023 and also on such other dates, as may be fixed by that Court in this regard during the pendency of this appeal.

List this case for arguments on admission after receipt of record. Certified copy as per rules.

(DINESH KUMAR PALIWAL) JUDGE

mrs. mishra

Signature Not Verified Signed by: DEEPA MISHRA Signing time: 1/13/2023 10:58:01 AM