Vikram Lodh vs The State Of Madhya Pradesh
2023 Latest Caselaw 7161 MP

                                                            1
                                     IN THE HIGH COURT OF MADHYA PRADESH
                                                  AT JABALPUR
                                                     CRA No. 699 of 2023
                                      (VIKRAM LODH Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                         Dated : 02-05-2023
                               Shri Rajmani Singroul - Advocate for the appellant.

                               Shri Pradeep Dwivedi, P.L. for respondent No.1/ State.

None for respondent No.2 despite service of notice.

Heard on I.A.No.794/2023, 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 he appellant has been convicted for commission of offence under Section 452,364 of IPC, section 7/8 of POCSO Act, 2012 and section 3(1)(w)

(i) of the SC/ST (Prevention of Atrocities) Act, 1989 and has been sentenced to 2-2 years RI and fine of Rs.1000-1000/- in the first and second count, 03 years RI and fine of Rs.1000/- in the third count while 02 years RI and fine of Rs.1000/- in the last count with default stipulation vide judgment dated 06.01.2023 passed in Special Case No.60/2021 (State of M.P. Vs. Vikram Lodh) by Special Judge (POCSO Act), District Panna.

Learned counsel for the appellant has submitted that appellant has not committed any offence. He is innocent. The learned trial court has erroneously convicted the appellant as it had not properly appreciated the prosecution evidence. It is further submitted that appellant has already suffered more than six months incarceration so far and the maximum sentence is upto three years. He has fair chance to succeed in appeal. There is no possibility of coming of this appeal for hearing in near future. If the jail sentence is not suspended, the purpose of filing this appeal would become futile. Therefore, it Signature Not Verified Signed by: MANOJ KUMAR LALWANI Signing time: 5/3/2023 11:34:21 AM

has been prayed that jail sentence of the appellant be suspended pending appeal.

On the other hand, learned counsel for the respondent/State has opposed the prayer for grant of bail to the appellant.

Considering the period of sentence already undergone by the appellant so far and the period of sentence awarded by the trial court and the fact that there is no possibility of hearing of this appeal in near future, I deem it proper to suspend the remaining jail sentence of the appellant.

Consequently, I.A.No.794/2023 is allowed. The execution of jail sentence of appellant - Vikram Lodh 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 the case for final hearing in due course. Certified copy as per rules.

(DINESH KUMAR PALIWAL) JUDGE

MKL

Signature Not Verified Signed by: MANOJ KUMAR LALWANI Signing time: 5/3/2023 11:34:21 AM