Haricharan Panariya vs The State Of Madhya Pradesh
2023 Latest Caselaw 11342 MP

                                                              1
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                      CRA No. 3691 of 2023
                                         (HARICHARAN PANARIYA Vs THE STATE OF MADHYA PRADESH)



                          Dated : 20-07-2023
                                Shri Deepak Kumar Singh - Advocate for the appellant.

                                Shri Nagendra Singh Solanki - Panel Lawyer for the respondent/State.

Trial Court record has been received.

Heard on admission.

Trial Court record perused.

Prima-facie, this appeal seems to be arguable. Hence, admitted for final hearing.

On perusal of trial Court's order dated 10.06.2023, it is apparent that the appellant has surrendered before the trial Court.

Heard on I.A.No.16478 of 2023, 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 Sections 354 of IPC and Section 8 of the Protection of Children from Sexual Offences

Act, 2012 and has been sentenced to undergo R.I. for 3 years with fine of Rs.500/- with default stipulations for commission of offence under Section 8 of POCSO Act vide judgment of conviction and order of sentence dated 09.02.2023 passed in ST No.-73/2020 (State of M.P. vs. Haricharan) by Special Judge, POSCO Act, Dindori (M.P.).

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

Signature Not Verified Signed by: ASHISH KUMAR JAIN Signing time: 7/20/2023 7:00:06 PM

the evidence on record. It is submitted that evidence of prosecution witnesses is full of omissions and contradictions and such omissions and contradictions have not been considered in right perspective by the learned trial Court. It is also submitted that the fact that a dispute had taken place between the parties over collecting of Mahua and that dispute had been given colour of an offence under Section 8 of the POCSO Act by lodging a false and manufactured F.I.R. It is further submitted that the appellant has fair chances to succeed in appeal. There is no possibility of coming of this appeal for hearing in near future. Therefore, it is prayed that custodial jail sentence of the appellant may be suspended.

O n the other hand, learned Panel Lawyer for the respondent/State has opposed the prayer for grant of bail to the appellant.

Considering the short nature of jail sentence and the fact that there is no possibility of final hearing of this appeal in near future, I deem it proper to suspend the remaining jail sentence awarded to the appellant, pending the appeal. Consequently, I.A.No.16478 of 2023 is allowed.

It is directed that the execution of jail sentence of appellant Haricharan Panariya is hereby suspended subject to depositing the entire fine amount, if not already deposited. It is directed that the appellant 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 13.09.2023 and also on such other dates, as may be fixed by that Court in this regard during the pendency of this appeal.

List this case for final hearing in due course. Certified copy as per rules.

Signature Not Verified Signed by: ASHISH KUMAR JAIN Signing time: 7/20/2023 7:00:06 PM

(DINESH KUMAR PALIWAL) JUDGE

@shish

Signature Not Verified Signed by: ASHISH KUMAR JAIN Signing time: 7/20/2023 7:00:06 PM