Tulsi Raikwar vs The State Of Madhya Pradesh
2023 Latest Caselaw 3889 MP

                                                              1
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                      CRA No. 1545 of 2023
                                       (TULSI RAIKWAR Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                          Dated : 13-03-2023
                                Shri Teekaram Kurmi-Advocate for the appellant.

                                Shri Satyapal Chaddar - Govt. Advocate for the respondent/State.

None for respondent No.2 despite service of notice.

Trial Court record has been received.

Heard on admission.

Primafacie, this appeal seems to be arguable. Hence, admitted for final hearing.

Heard on I.A. No.2069/2023, 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.

T h e appellant has been convicted for commission of offence under Section 354 of IPC and Section 7/8 of POCSO Act and has been sentenced to RI for 01 year and 3 years respectively and fine of Rs.300/- for each offence with default stipulation vide judgment dated 14.1.2023 passed in SC

ATR No.67/2017 (State of M.P. Vs. Tulsi Raikwar) by the learned 2nd Additional Sessions Judge/ Special Judge, POCSO Act, Damoh.

Learned counsel for the appellant has submitted that appellant has been released on bail by the trial Court till 11.3.2023. During trial he was on bail and he has not misused the liberty granted to him by way of bail. Learned counsel further submitted that he has fair chance to succeed in appeal. There is no possibility of coming of this appeal for hearing in near future. Therefore, it has been prayed that he be released on bail.

Signature Not Verified Signed by: DEEPA MISHRA Signing time: 3/14/2023 1:35:15 PM

O n the other hand, learned counsel for the respondent/State as well as learned counsel for the objector have opposed the prayer for 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 release the appellant on bail.

Consequently, I.A.No.2069/2023 is allowed. The execution of jail sentence of appellant- Tulsi Raikwar 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 26.07.2023 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 final hearing in due course. Certified copy as per rules.

(DINESH KUMAR PALIWAL) JUDGE

mrs. mishra

Signature Not Verified Signed by: DEEPA MISHRA Signing time: 3/14/2023 1:35:15 PM