Madhya Pradesh High Court
Amar Tripathi vs The State Of Madhya Pradesh on 15 March, 2023
Author: Anjuli Palo
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 5903 of 2022
(AMAR TRIPATHI Vs THE STATE OF MADHYA PRADESH)
Dated : 15-03-2023
Shri Raman Patel & Shri MP.Singh- counsel for the appellant.
Shri Y.D.Yadav- Govt.Adv. for the State.
Ms.Meena Singh- counsel for the complainant.
Considered I.A.No.637/2023, which is second application for suspension
of sentence and grant of bail on behalf of appellant-Amar Tripathi. First
application being I.A.No.12819/2022 has bee dismissed as withdrawn on
01.9.2022.
By the impugned judgment dated 21.6.2022 passed by the Special Judge
(POCSO), Katni in Special Case No.04/2018 the appellant has been convicted
for offence under sections 9(m) read with 10 of POCSO Act, 2012 and
sentenced to undergo R.I. for 02 years & 05 years with fine of Rs.2,000/- &
Rs.3,000/- 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 trial Court has not
properly appreciated the oral and documentary evidence available on record.
The appellant is in custody since 23.1.2018. The complainant has no objection
and her parents have sworn affidavit in favour of appellant. The final disposal of
appeal would take considerable time. Hence, prayer has been made to suspend
the jail sentence of appellant.
Learned Government Advocate has opposed the prayer for suspension
Signature Not Verified
SAN
on sentence.
Digitally signed by RAJESH MAMTANI
Date: 2023.03.15 19:30:23 IST
Learned counsel for the complainant has filed I.A.No.3682/2023 stating
that complainant has no objection if the appellant is granted bail and his jail
sentence is suspended. There is no opposition to complainant's
I.A.No.3682/2023. Hence, I.A.No.3682/2023 is allowed. The written no
objection on behalf of complainant is taken on record.
Considered over all facts and circumstances of the case; period of
custody; affidavits of parents of complainant in support of appellant; and final
disposal of this appeal would take considerable time, 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-Amar Tripathi
shall remain suspended and he shall be released on bail for securing his
presence before the trial Court concerned on 16.8.2023 and on such other
dates as may be fixed in this regard during pendency of this appeal, without fail.
I.A.No.12819/2022 is allowed.
List this case for final hearing in due course.
(SMT. ANJULI PALO)
JUDGE
RM
Signature Not Verified
SAN
Digitally signed by RAJESH MAMTANI
Date: 2023.03.15 19:30:23 IST
