Amit Sahu vs The State Of Madhya Pradesh
2023 Latest Caselaw 8401 MP

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                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT GWALIOR
                                                       CRA No. 2428 of 2023
                                          (AMIT SAHU Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                           Dated : 12-06-2023
                                 Shri Daya Ram Sharma- Advocate for the appellant.

                                 Shri Prabhat Pateria- Panel Lawyer for the respondent/State.

Heard on I.A.No.3818/2023, first application u/Sec. 389(1) of Cr.P.C. for suspension of sentence and grant of bail filed on behalf of sole appellant- Amit Sahu.

This criminal appeal has been filed against the judgment dated 02.02.2023

passed in S.T.No.17/2021 by Second Additional Sessions Judge, District Datia, whereby the appellant has been convicted under Section 354 of IPC and sentenced to undergo five years' rigorous imprisonment with fine of Rs. 5000/- under Section 7/8 of IPC and sentenced to undergo five years' rigorous imprisonment with fine of Rs. 5000/- under Section 3(1)(w)(i) of IPC and sentenced to undergo five years' rigorous imprisonment with fine of Rs. 5000/- under Section 3(2)(va) of IPC and sentenced to undergo three months' rigorous imprisonment with fine of Rs. 1000/- with default stipulation.

The prosecution story, in nutshell, is that an application was submitted to

the constable, Centre Civil Line to the effect that on 01.03.2020, prosecutrix was coming to her home from her grandmother's house. When she reached near the house of Siyasharana Ahirwar at around 5 PM, she found accused Amit Sahu there, who stopped her and started dragging her towards Siyasharan @ Muthe Ahirwar's house by holding her left hand with bad intention, when she protested, she shouted so his uncle came who saw the whole situation, seeing which the accused Amit Sahu ran away. On the basis of this Crime No.64/2020 Signature Not Verified Signed by: AVINASH BHARGAV Signing time: 13-06-2023 10:35:09 AM

was registered by police Station, Civil Line, District Datia. 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 ( if not deposited) by him. 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, I.A.

No.3818/2023 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 11th September, 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.3818/2023) 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.

Signature Not Verified Signed by: AVINASH BHARGAV Signing time: 13-06-2023 10:35:09 AM

(DEEPAK KUMAR AGARWAL) JUDGE Avi

Signature Not Verified Signed by: AVINASH BHARGAV Signing time: 13-06-2023 10:35:09 AM