Rupesh @ Appu Tiwari vs The State Of Madhya Pradesh
2023 Latest Caselaw 10042 MP

                                                             1
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT GWALIOR
                                                      CRA No. 7769 of 2023
                                   (RUPESH @ APPU TIWARI Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                         Dated : 03-07-2023
                               Shri Sanjay Kumar Mishra, learned counsel for the appellant.

                               Shri    Dinesh    Savita,    learned    Government         Advocate    for   the
                         respondent/State.

Heard on the question of admission.

Appeal seems to be arguable, hence, it is admitted for final hearing. Let the record be requisitioned.

Heard on IA.No.10931/2023, first application u/Sec. 389(1) of Cr.P.C. for suspension of sentence and grant of bail filed on behalf of appellant- Rupesh Tiwari.

Vide judgment dated 17.05.2023 passed in S.T.No.126/2020 by Third Additional Sessions Judge/ Special Judge POCSO Act Vidisha appellant has been convicted under Section 7/8 of the POCSO Act and sentenced to undergo 3 years' RI with fine of Rs.2,000/-, with default stipulation.

It is submitted by counsel for the appellant that the appellant was on bail during trial and he did not misuse the liberty granted to him. Fine amount has

already been deposited by the appellant. It is also submitted that learned Trial Court has already suspended jail sentence of the appellant for a period of one month. Appeal is of the year 2023 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.

Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 7/4/2023 10:55:41 AM

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 and that learned trial Court had suspended jail sentence of the appellant for a period of one month, I.A. No.10931/2023 is allowed.

It is therefore, directed that if appellant deposits the entire fine amount, if not already deposited, and furnishes a personal bond in the sum of Rs.25,000/- (Rupees Twenty Five 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 11th December, 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.10931/2023) is allowed and disposed of. A copy of this order be sent to the trial Court concerned for necessary compliance.

C.c. as per rules.

(DEEPAK KUMAR AGARWAL) JUDGE

MKB

Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 7/4/2023 10:55:41 AM