Vikas Khanna (Jatav) vs The State Of Madhya Pradesh
2023 Latest Caselaw 11151 MP

                                                              1
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT GWALIOR
                                                      CRA No. 9016 of 2023
                                    (VIKAS KHANNA (JATAV) AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                          Dated : 18-07-2023
                                Ms. Shrashthi Dubey, learned counsel for the appellants.

                                Shri R. S. Yadav, learned counsel for the respondent- State.

Heard on admission.

Let record of the trial Court be called for. Appeal appears to be arguable, is admitted for final hearing. Also heard on I.A.No.12904 of 2023, first application u/Sec. 389 of

Cr.P.C. for suspension of sentence and grant of bail filed on behalf of appellants no.1 and 2, namely, Vikas Khanna(Jatav) and Golu Rathore.

Vide judgment dated 23-06-2023 passed by Ananya Special Judge (POSCO Act) & 13th Additional Sessions Judge in SCATR No. 228 of 2021 the appellants have been convicted under Sections 11 read with Section 12 of POCSO Act and sentenced to undergo six-six months RI with fine of Rs.1,000- 1,000/- with default stipulation.

It is submitted by counsel for the appellants that the appellants were on bail during trial. They have not misused the liberty granted to them. The trial

Court has already suspended the jail sentence of the appellants for a period of one month. Appeal is of the year 2023 which may take long time for its final outcome. Under these circumstances, the execution of sentence be suspended and the appellants 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 Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 7/19/2023 12:58:38 PM

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 appellants for a period of one month , IA is allowed. It is therefore, directed that if appellants deposit the entire fine amount, if not already deposited, and furnish a personal bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) each with one solvent surety each of the like amount to the satisfaction of concerned Trial Court for appearance before the Principal Registrar of this Court on 4th December, 2023 and on such further dates as may be fixed by the office in this regard, sentence of imprisonment awarded to them shall remain suspended till further orders and they shall be released on bail.

List for final hearing in due course along with record. C.c. as per rules.

(DEEPAK KUMAR AGARWAL) JUDGE

MKB

Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 7/19/2023 12:58:38 PM