Suraj Balmik vs The State Of Madhya Pradesh
2023 Latest Caselaw 3818 MP

                                       1
             IN THE HIGH COURT OF MADHYA PRADESH
                          AT GWALIOR
                             CRA No. 9427 of 2022
              (SURAJ BALMIK Vs THE STATE OF MADHYA PRADESH AND OTHERS)

Dated : 03-03-2023
       Shri Suresh Agrawal - Advocate for the appellant.

       Shri Rajeev Upadhyay - Public Prosecutor for the respondent/State.

Heard on the question of admission.

The appeal being arguable is admitted for final hearing. Also heard on I.A.No.4126/2023 as well as I.A.No.4124/2023. I.A.No.4126/2023 is an application for urgent hearing while

I.A.No.4124/2023 is an application filed under Section 389 of Cr.P.C. on behalf of appellant for suspension of sentence. First application filed under Section 389 of Cr.P.C. was dismissed as withdrawn vide order dated 6.2.2023 with liberty to file a fresh application after surrender of the appellant.

T h e trial Court has convicted the appellant under Section 11/12 of POCSO Act and sentenced to undergo six months' RI with fine of Rs.500/-, under Section 323 of IPC and sentenced to undergo three months' RI with fine of Rs.500/- and under Section 352 of IPC and sentenced to undergo three months' RI with fine of Rs.500/-, with default stipulation, vide judgment of

conviction and order of sentence dated 6.9.2022 passed by Special Judge, POCSO Act and 13th Additional Sessions Judge, District Gwalior in Special Case No.137/2019.

Learned counsel for the appellant submits that the appellant has surrendered before the Trial Court and is in custody since 15.2.2023. As per prosecution case itself, appellant neither touched nor assaulted the prosecutrix. He has been sentenced only for a period of six months. Statement of the

prosecutrix and other prosecution witnesses are inconsistent. There is no likelihood of hearing of appeal in near future, hence he is also entitled to be enlarged on bail. In view of aforesaid, learned counsel for the appellant prays for suspension of remaining jail sentence and grant of the bail to the appellant.

Learned counsel for the respondent/State has opposed the prayer. Heard learned counsel for both the parties and perused the record. Having considered the rival submissions, material available on record and als o considering the short period of sentence, but without expressing any opinion on merits of the case, the application is allowed and jail sentence of the appellant shall remain suspended.

I t is directed that subject to depositing the fine amount, if already not deposited, appellant shall be released on bail on furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) along with separate solvent surety in the like amount to the satisfaction of trial Court, for their appearance before the Registry of this Court firstly on 09.05.2023, and on such other dates, as may be fixed by the Registry in this regard, till final disposal of this appeal.

List this case for final hearing in due course.

C.C. as per rules.

(SATYENDRA KUMAR SINGH) JUDGE (alok)

ALOK KUMAR 2023.03.03 17:03:09 +05'30'