Sarnam Nat vs The State Of Madhya Pradesh
2023 Latest Caselaw 98 MP

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            IN THE HIGH COURT OF MADHYA PRADESH
                         AT GWALIOR
                           CRA No. 11916 of 2022
                    (SARNAM NAT Vs THE STATE OF MADHYA PRADESH)

Dated : 02-01-2023
      Shri Atul Gupta, learned counsel for appellant.

      Shri Koushlendra Singh, learned public prosecutor for State.

      Heard on I.A.No.19573/2022, first application u/Sec. 389(1) of Cr.P.C.
f o r suspension of sentence and grant of bail filed on behalf of appellant-
Sarnam.

      This criminal appeal has been filed against the judgment dated 30.11.2022
passed in S.T.No.217/2017 by Sixth Additional Sessions Judge Gwalior,
whereby appellant has been convicted and sentenced under Section 373 of IPC
for Seven years RI with fine of Rs.5,000/-, with default stipulation.
      In brief, prosecution case is that on 03.09.2016 Neelam Mahore
alongwith her six years daughter Mohini, mother Phoolwati and two other
daughters reached railway station Gwalior. By leaving her mother and six years
daughter Mohini infront of RPF Police Station, she went to Hazeera and when
she came back at 5 pm, her mother told her that her daughter went away

somewhere. She searched here and there but could not trace her. On
14.09.2016

she lodged a report at Police Station Padav. Gum Insaan No.19/16 was recorded. Offence under Section 363 of IPC was registered.

Learned counsel for the appellant submits that appellant is innocent and has been falsely implicated. During trial appellant remained in custody from 07.01.2017 to 12.10.2019 and thereafter since the date of judgment, he is in custody. During trial appellant was on bail and he never misused the liberty so granted. Fine amount has been deposited by him. Appeal is of the year 2022

which may take long time for it's conclusion. Under these circumstances, the execution of sentence be suspended and the appellant be released on bail.

On the contrary, learned counsel for the State opposed the application and prayed for its rejection.

Keeping in view of the aforesaid submissions of learned counsel for the parties and the fact that an early hearing of this case is not possible, I.A. No.19573/2022 is allowed.

It is therefore, directed that if appellant deposits the entire fine amount, if not already deposited, and furnish a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety of the like amount to

the satisfaction of concerned Trial Court for his appearance before the Principal

Registrar of this Court on 24 th April, 2023 and on such further dates as may be fixed by the office in this regard, sentence of imprisonment awarded to him shall remain suspended till further orders and he shall be released on bail.

Application (I.A. No.19573/2022) is allowed and disposed of. A copy of this order be sent to the trial Court concerned for necessary compliance.

Certified copy/e-copy as per rules/directions.

       Digitally signed by                         (DEEPAK KUMAR AGARWAL)
       YOGENDRA OJHA                                        JUDGE
       Date: 2023.01.03
       10:37:50 +05'30'
ojha