Ishwardeen Kachhi @ Monu Kachhi vs The State Of Madhya Pradesh
2023 Latest Caselaw 9512 MP

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                                         IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT JABALPUR
                                                       CRA No. 7968 of 2023
                                     (ISHWARDEEN KACHHI @ MONU KACHHI Vs THE STATE OF MADHYA PRADESH)

                          Dated : 23-06-2023
                                Shri Premendra Singh - Advocate for the appellant.

                                Shri Ajay Tamrakar- Panel Lawyer for the respondent/State.

Call for the trial Court record.

Heard on I.A. No.14519/2023, an application under Section 389(1) of Cr.P.C. for suspension of sentence and grant of bail to appellant, pending the

appeal.

Appellant has been convicted for commission of offence under Sections 354-A(1)(i), 324, 323 (on 02 counts) of IPC and has been sentenced to undergo R.I. for 01 year, 06 months, 03-03 months respectively and fine of Rs.2000/-, Rs.2000/-, Rs.1000/- and Rs.1000/- respectively, with default stipulations vide judgment dated 18.5.2023 delivered by Special Judge (POCSO), Katni in Special Case No.29/2019 (State of M.P. Vs. Ishwardeen Kachhi).

Learned counsel for the appellant has submitted that appellant has not

committed any offence. He has been erroneously convicted by the trial Court. Learned counsel for the appellant has submitted that in the course of trial appellant was on bail. He has not misused the liberty granted by way of bail during trial. The appellant has fair chance to succeed in the appeal. It is further submitted that a short sentence has been awarded by the trial Court and there is no possibility of hearing of this appeal in near future. It is further submitted that after conviction and passing of order of jail sentence, learned trial Court itself has suspended the jail sentence of the appellant till 14.7.2023. Therefore, if the Signature Not Verified Signed by: DEEPA MISHRA Signing time: 6/24/2023 12:00:43 PM

execution of jail sentence of appellant is not suspended, the purpose of filing this appeal would become futile. Therefore, it has been prayed that the execution of jail sentence of appellant be suspended and he be released on bail.

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

Having considered the short nature of sentence and the fact that there is no possibility of hearing of this appeal in near future, I am inclined to suspend the remaining jail sentence of the appellant.

Consequently, I.A. No.14519/2023 is allowed. The execution of jail sentence of appellant- Ishwardeen Kachhi @ Monu Kachhi 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 21.8.2023 and also on such other dates, as may be fixed by that Court in this regard during the pendency of this appeal.

List this case for arguments on admission after receipt of record. Certified copy as per rules.

(DINESH KUMAR PALIWAL) JUDGE

mrs. mishra

Signature Not Verified Signed by: DEEPA MISHRA Signing time: 6/24/2023 12:00:43 PM