Madhya Pradesh High Court
Girjashankar vs The State Of Madhya Pradesh on 13 June, 2023
Author: Deepak Kumar Agarwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA-6471-2023
(GIRJASHANKAR Vs . STATE OF MADHYA PRADESH & ANOTHER)
DATED:- 13-06-2023
Shri M.S.Rawat- Advocate for the appellant.
Shri Pramod Pachauri- Public Prosecutor for the
respondent/State.
Heard on the question of admission.
Appeal seems to be arguable, hence, it is admitted for final
hearing.
Learned Public Prosecutor for the respondent/State accepts
notice on behalf of the respondent/State.
Record of the trial Court is available.
Also heard on I.A. No.8636/2023, 1st application under
Section 389 (1) of Cr.P.C. for suspension of sentence and grant of
bail moved on behalf of the sole appellant- Girjashankar.
This appeal has been preferred against the judgment dated
03/05/2023 passed by Special Judge (SC/ST Act), District-
Sheopur (M.P.) in S.S.T. No.23/2021, whereby the appellant has
been convicted and sentenced as under:-
Section Sentence Fine (Rs.) Default
Stipulation
354 of IPC read with 1 Year RI 1000/- 3 Months RI
Section 3(2)(va) of the
SC/ST Act
454 of IPC read with 1 Year RI 1000/- 3 Months RI
Section 3(2)(va) of SC/ST
Act
3(1)(w)(i) of SC/ST Act 1 Year RI 1000/- 3 Months RI
8 of POCSO Act 3 Years RI 1000/- 3 Months RI
Learned counsel for the appellant submits that appellant is
aged 20 years and he has been falsely implicated in this case.
Appellant has been wrongly convicted by the learned trial Court.
The appellant was on bail during trial and he has not misused the
liberty granted to him. Learned trial Court has already suspended
his jail sentence for a period of one month from the date of
passing of the judgment. Appellant is the permanent resident of
District- Sheopur (M.P.) and there are fair chances of success of
this appeal. The appeal is of the year 2023 which may take long
time for its conclusion and the appellant cannot be kept in custody
for an unlimited period. Under these circumstances, the execution
of sentence be suspended and the appellant be released on bail.
On the other hand, learned Public Prosecutor appearing on
behalf of the respondent/State opposed the bail application and
prayed for rejection of this application.
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.8636/2023 is 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 trial Court for his appearance before the Registry of
this Court on 4th of September, 2023 and on such subsequent
dates as may be fixed in this regard, sentence of imprisonment
awarded to him, shall remain suspended till further orders and
appellant shall be released on bail.
IA No.8636/2023 is allowed and disposed of.
A copy of this order be sent to the trial Court concerned for
necessary compliance.
Certified copy as per rules.
(DEEPAK KUMAR AGARWAL)
JUDGE
Digitally signed by RAHUL SINGH PARIHAR
DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH
RAHUL SINGH
GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH
GWALIOR, postalCode=474001, st=Madhya Pradesh,
2.5.4.20=eac942476567cd1b39b3da46068403462fdf82ab6
PARIHAR rahul
76d0cde4dee473fe77953f5,
pseudonym=68E0B84BAE73376CD071289B3D9FE728CE00
D487,
serialNumber=0275C4F803F94C47998BE5C534E21BDED91
0FD4AB9D159B55575E814D05B2EED, cn=RAHUL SINGH
PARIHAR
Date: 2023.06.14 11:54:27 +05'30'
