Vikash Saha vs The State Of Madhya Pradesh
2023 Latest Caselaw 4505 MP

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 3983 of 2023 (VIKASH SAHA Vs THE STATE OF MADHYA PRADESH)

Dated : 21-03-2023 Shri Vinay Singh Baghel- counsel for the appellant.

Shri Y.D.Yadav- Government Advocate for the State.

Let record of the court below be requisitioned. Considered I.A.No.6206/2023, which is first application under section 389(1) Cr.P.C. for suspension of sentence on behalf of appellant, namely,

Vikash Saha.

Although record is not available, however, it is clear from the impugned judgment dated 03.3.2023 passed by the Special Judge (POCSO), Singrauli in Special Case No.02/2020 that the appellant has been convicted for offences under sections 354, 354(d), 354A(1)(ii)/354A(2) of IPC and sentenced to undergo R.I. for 02 years, 02 years & 02 years and fine of Rs.2,000/-, Rs.2000/- & Rs.1000/- 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 without

properly appreciating the oral and documentary evidence available on record has passed the impugned judgment. The appellant was on bail during trial. The jail sentence of appellants has been suspended by the trial Court till 02.4.2023. Fine amount has been deposited. Final disposal of this appeal would take considerable time. Hence, prayer has been made to suspend the jail sentence of the appellants.

Signature Not Verified SAN

Learned Government Advocate has opposed the prayer for suspension Digitally signed by RAJESH MAMTANI Date: 2023.03.21 19:45:45 IST

of sentence and grant of bail.

Considered the over all facts and circumstances of the case; maximum sentence awarded is 02 years; appellant was on bail during trial; fine amount has already been deposited, and final disposal of this appeal would take considerable time to conclude, 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.30,000/- (Rupees Thirty Thousand only) with one surety in the like amount to the satisfaction of the trial Court concerned, the sentence of applicant/appellant, namely, Vikash Saha shall remain suspended and he shall be released on bail for securing his

presence before the trial Court concerned on 21.08.2023 and on such other dates as may be fixed in this regard during pendency of this appeal.

List this case for admission after 08 weeks.

(SMT. ANJULI PALO) JUDGE

RM

Signature Not Verified SAN

Digitally signed by RAJESH MAMTANI Date: 2023.03.21 19:45:45 IST