Kailash Saket vs The State Of Madhya Pradesh
2023 Latest Caselaw 5014 MP

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                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                      CRA No. 2561 of 2023
                                             (KAILASH SAKET Vs THE STATE OF MADHYA PRADESH)

                         Dated : 28-03-2023
                                None for the appellant but appellant is present in person.

                                Smt. Shakti Tripathi - Panel Lawyer for the respondent /State.

Call for the trial Court record.

Heard on I.A.No.3874/2023, 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 Sections 452 of IPC and 11(iv) r/w Section 12 of POCSO Act and has been sentenced to undergo R.I. for 1 year and fine of Rs. 1000/- and R.I. for 1 year and fine of Rs.1000/- respectively with default stipulations by the learned Special Judge, POCSO Act, District Satna (M.P.) vide judgment dated 30.01.2023 passed in Special Case No.156/2019 (State of MP Vs. Kailash Saket and another).

Appellant was released on bail by learned trial Court till 28.02.2023.

Thereafter this Court vide order dated 23.02.2023 had extended the bail of the appellant till today. 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, if the jail sentence is not suspended, the purpose of filing this appeal would become futile.

On the other hand, learned counsel for the respondent/State has opposed the prayer for grant of bail to the appellant. Signature Not Verified Signed by: BIJU BABY Signing time:

3/29/2023 6:51:34 PM

Considering the short nature of sentence and contention of the appellant, I deem it proper to suspend the remaining jail sentence of the appellant because final hearing of this appeal is not possible in near future.

Consequently, I.A.No.3874/2023 is allowed. The execution of jail sentence of appellant- Kailash Saket 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 20.07.2023 and also on such other dates, as may be

fixed by that Court in this regard during the pendency of this appeal.

List the case for hearing on admission, immediately after receipt of trial Court record.

Certified copy as per rules.

(DINESH KUMAR PALIWAL) JUDGE

b

Signature Not Verified Signed by: BIJU BABY Signing time:

3/29/2023 6:51:34 PM