Banti @ Manish Agrawal vs The State Of Madhya Pradesh
2023 Latest Caselaw 10144 MP

IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR CRA No. 8374 of 2023 (BANTI @ MANISH AGRAWAL Vs THE STATE OF MADHYA PRADESH AND OTHERS)

Dated : 04-07-2023 Shri Pooran Kulshrestha, learned counsel for appellant.

Shri Pramod Pachori, learned Public Prosecutor for State. Heard on I.A.No.11899/2023, first application u/Sec. 389(1) of Cr.P.C. for suspension of sentence and grant of bail filed on behalf of appellant-Banti@ Manish Agarwal.

This criminal appeal has been filed against the judgment dated 21.06.2023

passed in Special Case No.46/2021 by Special Judge (POCSO Act) Morena (M.P.) whereby the appellant has been convicted under Section 354 of IPC and sentenced to undergo one year R.I. with fine of Rs.2000/- 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 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.

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 has already suspended jail sentence of the appellant for a Signature Not Verified Signed by: YOGENDRA OJHA Signing time: 7/4/2023 7:27:08 PM

period of one month, I.A. No.11899/2023 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 18th 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.11899/2023) 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

ojha

Signature Not Verified Signed by: YOGENDRA OJHA Signing time: 7/4/2023 7:27:08 PM