Madhya Pradesh High Court
Sukhram Kol vs The State Of Madhya Pradesh on 3 May, 2023
Author: Dinesh Kumar Paliwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 2952 of 2023
(SUKHRAM KOL Vs THE STATE OF MADHYA PRADESH)
Dated : 03-05-2023
Shri Rakesh Dwivedi - Advocate for the appellant.
Anoop Sonkar - Panel Lawyer for respondent / State.
None for victim despite service of notice.
Trial Court record has been received.
Heard on admission.
Prima facie, this appeal seems to be arguable. Hence, admitted for final
hearing.
Heard on I.A.No.4543/2023, 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 354 of IPC read with Section 7/8 of POCSO Act, 2012 and has been
sentenced to R.I. for 03 years and fine of Rs.1000/- with default stipulation;
under Section 323 of IPC and has been sentenced to R.I. for three months and
under Section 452 of IPC and has been sentenced for 02 years R.I. and fine of
Rs.500/- with default stipulation vide judgment dated 3.2.2023 passed in S.T.
No.195/2020 (State of M.P. Vs. Sukhram Kol) by Special Judge (POCSO
Act), District Sidhi.
Learned counsel for the appellant has submitted that appellant has been
released on bail till 4.3.2023 by the trial Court itself. Thereafter, this Court vide
its orders dated 24.2.2023 and 3.4.2023 has extended the suspension of jail
Signature Not Verified
Signed by: DEEPA MISHRA
Signing time: 5/4/2023
9:52:29 AM
sentence of the appellant till today. During trial, he was on bail and he has not
misused the liberty granted to him b y way of bail. Learned counsel further
submitted that he has fair chances 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.
Considering the short nature of sentence and contention of learned
counsel for 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.4543/2023 is allowed. The execution of jail
sentence of appellant - Sukhram Kol 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 27.07.2023 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
mrs. mishra
Signature Not Verified
Signed by: DEEPA MISHRA
Signing time: 5/4/2023
9:52:29 AM
