Madhya Pradesh High Court
Ramashankar Saket @ Charka vs The State Of Madhya Pradesh on 19 June, 2023
Author: Dinesh Kumar Paliwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 4231 of 2023
(RAMASHANKAR SAKET @ CHARKA Vs THE STATE OF MADHYA PRADESH)
Dated : 19-06-2023
Shri B. P. Pathak - Advocate for the appellant.
Shri Manoj Kushwaha - Panel Lawyer for the respondent/State.
None for respondent No.2 despite service of notice.
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.
Heard on I.A.No.6676 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, 354-A, 354-B of IPC and Section 7/8 of POCSO Act and has been
sentenced to RI for 03-03 years and fine of Rs.1000/-, Rs.1000/-, Rs. 2000/-
and Rs.2000/- with default stipulation vide judgment dated 4.3.2023 passed in
Special Case No.13/2022 (State of M.P. vs. Ramashankar Saket @ Chakra) by
3rd Additional Sessions Judge/ Special Judge, POCSO Act, Bargawan District
Singrauli (M.P.).
Learned counsel for the appellant has submitted that appellant has been
erroneously convicted by the learned trial Court. Earlier he was released on bail
by the trial Court and even after conviction, he was released on bail till
25.4.2023. Thereafter, this Court vide its orders dated 3.4.2023 and 3.5.2023
has extended the bail till today. He has not misused the liberty granted by way
of bail. He has fair chance to succeed in appeal. There is no possibility of
coming of this appeal for hearing in near future. Therefore, if the jail sentence is
not suspended, the purpose of filing this appeal would become futile.
O n the other hand, learned Panel Lawyer for the respondent/State has
opposed the prayer for grant of bail to the appellant.
Having taken into consideration the short nature of sentence and other
material available on record, I deem it proper to suspend the remaining jail
sentence of the appellant, pending the appeal.
Consequently, I.A.No.6676 of 2023 is allowed. The execution of jail
sentence of appellant Ramashankar Saket @ Chakra is hereby suspended
subject to depositing the 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 9.8.2023 and also on such other dates, as may
be fixed by that Court in this regard during the pendency of this appeal.
List for final hearing in due course.
Certified copy today.
(DINESH KUMAR PALIWAL)
JUDGE
mrs. mishra
DEEPA
Digitally signed by DEEPA MISHRA
DN: c=IN, o=HIGH COURT OF MADHYA PRADESH,
ou=JUDICIAL, postalCode=482001, st=Madhya Pradesh,
2.5.4.20=3ece46b8e3ea2cc1fa35126c71ddf298e10aaedd7345a
5efb4e2a1a8a88446bf,
MISHRA
pseudonym=EDBA3C23FD7AA0D583DA5AD3755C3F37152C1
CC0,
serialNumber=E5AB7E7C0015E02D05F4525962F1C483E415D2
88FB5C7C2082F662F2BB495B44, cn=DEEPA MISHRA
Date: 2023.06.19 17:17:34 +05'30'
