Madhya Pradesh High Court
Meharban vs The State Of Madhya Pradesh on 27 July, 2023
Author: Anil Verma
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
CRA No. 9575 of 2023
(MEHARBAN Vs THE STATE OF MADHYA PRADESH AND OTHERS)
Dated : 27-07-2023
Shri Vishal Panwar - Advocate for the appellant.
Shri Mukesh Sharma - GA for respondent/State.
Heard on IA No.11190 of 2023, which is an application under Section
389(1) of Cr.P.C. on behalf of the appellant-Meharban for grant of bail and
suspension of remaining jail sentence.
Appellant has been convicted for the offence under Section 354 of IPC
and Section 7/8 of POCSO Act and sentenced to 3 years R.I. with fine of
Rs.2000/- (two counts), with usual default stipulation.
Learned counsel for the appellant contended that the appellant is innocent
and he has been falsely implicated in the aforesaid offence. Appellant was
remained on bail during trial and he did not misuse the liberty given to him. He
is in custody since 22.7.2023 i.e. from the date of judgment passed by the trial
Court. During the trial appellant has remained in custody for a period of 62
days. There is a strong case in favour of the appellant. Final conclusion of
appeal will take a long sufficient time. Hence he prays for grant of bail and
suspension of remaining jail sentence of the appellant.
Per contra, learned GA for the respondent/State opposes the application
for suspension of sentence and prays for its rejection.
After considering the facts and circumstances of the case, submissions
made by learned counsel for both the parties, nature and gravity of the allegation
against the appellant and also taking note of the fact that appellant was remained
on bail during the trial and he did not misuse the liberty given to him and that
Signature Not Verified
Signed by: TRILOK SINGH
SAVNER
Signing time: 28-Jul-23
10:02:03 AM
final conclusion of this appeal will take a long sufficient time, I deem it proper
to suspend the remaining jail sentence of the appellant.
Accordingly, IA No.11190 of 2023 is allowed and the execution of
remaining jail sentence of the appellant is hereby suspended till the final disposal
of this appeal and it is ordered that the appellant be released on bail on his
depositing the fine amount, if not already deposited, and upon furnishing a
personal bond for a sum of Rs.75,000/- with one solvent surety of the like
amount to the satisfaction of the trial Court, with a further direction to appear
before the Registry of this Court on 30.11.2023 and on such other dates, as
may be fixed by the Registry of this Court in this regard during the pendency of
this appeal.
Let the record of the court below be requisitioned and the appeal be
listed immediately after receipt of record.
C.C. as per rules.
(ANIL VERMA)
JUDGE
trilok
Signature Not Verified
Signed by: TRILOK SINGH
SAVNER
Signing time: 28-Jul-23
10:02:03 AM
