Gaurav Nigam vs The State Of Madhya Pradesh
2023 Latest Caselaw 3909 MP

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                                                  IN THE HIGH COURT OF MADHYA PRADESH
                                                               AT JABALPUR
                                                                   CRA No. 2169 of 2023
                                                  (GAURAV NIGAM Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                                     Dated : 13-03-2023
                                           Shri Rahul Tripathi- Advocate for the appellant.

                                           Shri K.S.Patel- Panel Lawyer for the respondent/State.

Record has been received.

Heard on the question of admission. The appeal is admitted for hearing. Considered I.A.No.3219/2023, which is first application under section

389(1) Cr.P.C. for suspension of sentence and grant of bail on behalf of appellant-Gaurav Nigam.

By the impugned judgment dated 01.2.2023 passed by the Special Judge (POCSO Act), Balaghat in Special Case No.57/2020 the appellant has been convicted for offences under sections 323 & 354 of IPC and section 8 of POCSO Act and sentenced to undergo R.I. for 01 month & 03 years with fine of Rs.500/- & Rs.500/- respectively with default stipulations.

Learned counsel for the appellant submitted that appellant is innocent and has been falsely implicated in the crime in question. The court below has not

properly appreciated the oral and documentary evidence available on record. The appellant was on bail during trial. The jail sentence of the appellant has already been suspended by the court below till 14.3.2023. Final disposal of instant appeal would take considerable time. Hence, jail sentence of appellant be suspended.

Signature Not Verified SAN Learned Panel Lawyer has opposed the prayer for suspension of Digitally signed by RAJESH MAMTANI Date: 2023.03.13 19:24:50 IST sentence and grant of bail.

Considering the over all facts and circumstances of the case; nature of allegations; evidence available on record; maximum sentence awarded is 03 years; the appellant was on bail during trial and his jail sentence has already been suspended till 14.3.2023; and final disposal of this appeal would take considerable time, and without commenting on merits of the case the application is allowed.

I t is directed that subject to depositing the fine amount, if not already deposited and on furnishing a personal bond in a sum of Rs.50,000/- (Rupees Fifty Thousand only) with one surety in the like amount to the satisfaction of the trial Court concerned, the custodial sentence of appellant-Gaurav Nigam

shall remain suspended and he shall be released on bail for securing his presence before the trial Court concerned on 14.8.2023 and on such other dates as may be fixed in this regard, during pendency of this appeal, without fail.

List the case for final hearing in due course.

SMT. ANJULI PALO) JUDGE

RM

Signature Not Verified SAN

Digitally signed by RAJESH MAMTANI Date: 2023.03.13 19:24:50 IST