Rajesh Saket vs The State Of Madhya Pradesh
2023 Latest Caselaw 11014 MP

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                                         IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT JABALPUR
                                                         CRA No. 3366 of 2022
                                                (RAJESH SAKET Vs THE STATE OF MADHYA PRADESH)

                          Dated : 17-07-2023
                                    Shri Sukhendra Singh - Advocate for the appellant.

                                    Shri Manoj Kushwaha - Panel Lawyer for the respondent/State.

None for victim despite service of notice.

Heard on I.A.No.6185 of 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.

Appellant has been convicted for commission of offence under Section 354 of IPC and Section 9(M) r/w Section 10 of POCSO Act, 2012, and has been sentenced to RI for 01 year and fine of Rs.2000/- and RI for 05 years and fine of Rs.5000/- with default stipulation vide judgment dated 30.3.2022 passed in Special Case No.21/2018 (State of M.P. vs. Rajesh Saket) by Special Judge, POCSO Act, Satna (M.P.).

Learned counsel for the appellant has submitted that appellant has been erroneously convicted by the learned trial Court as it has not appreciated the

evidence of minor prosecutrix and other witnesses in proper perspective. He has fair chance to succeed in appeal. He has suffered more than one year and four months in jail. It is further submitted that appellant is suffering from various diseases. He needs proper treatment and care. Therefore, if the jail sentence is not suspended, the purpose of filing this appeal would become futile.

On the other hand, learned counsel for the respondent/State has opposed the prayer for grant of bail to the appellant. Signature Not Verified Signed by: DEEPA MISHRA Signing time: 7/18/2023 10:16:37 AM

On a perusal of the medical report received from Central Jail, Satna, it is apparent that appellant is suffering from Schizophenia. He is in jail for last more than 16 months. There is no possibility of coming of this appeal for hearing in near future. Therefore, having taken into consideration the nature of sentence, detention period and other material available on record and the medical condition of the appellant, I deem it proper to suspend the remaining jail sentence of the appellant, pending the appeal.

Consequently, I.A.No.6185 of 2022 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 - Rajesh

Saket 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 11.9.2023 and also on such other dates, as may be fixed by that Court in this regard during the pendency of this appeal.

List for final hearing in due course.

Certified copy as per rules.

(DINESH KUMAR PALIWAL) JUDGE

mrs. mishra

Signature Not Verified Signed by: DEEPA MISHRA Signing time: 7/18/2023 10:16:37 AM