Adarsh vs The State Of Madhya Pradesh
2023 Latest Caselaw 7422 MP

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                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT INDORE
                                                        CRA No. 6237 of 2023
                                                  (ADARSH Vs THE STATE OF MADHYA PRADESH)

                           Dated : 08-05-2023
                                  Shri Abhay Saraswat - Advocate for appellant.

                                  Shri Pranay Joshi - Panel Lawyer for respondent/State.

Heard on IA No. 6568/2023, which is an application for dispensing with the filing of certified copy of the impugned judgment.

Appellant has already filed certified copy signed and issued by the

presiding officer of the trial Court, which is sufficient.

Therefore, IA No.6568/2023 is allowed and filing of certified copy of the impugned judgment is dispensed with.

Also heard on IA No. 6567 of 2023, which is an application under Section 389(1) of Cr.P.C. on behalf of the appellant- Adarsh for grant of bail and suspension of remaining jail sentence.

Appellant has been convicted for the offence under Section 354 of IPC and sentenced to 1 year R.I. with fine of Rs. 1,000/-, and under section 7/8 of POCSO Act and sentenced to 3 years RI with fine of Rs 1,000/- with usual

default stipulation.

It is submitted that the appellant is innocent and he has been falsely implicated in this matter. Appellant was remained on bail during trial and he did not misuse the liberty given to him. There is a strong case in favour of the appellant. Final conclusion of appeal will take a long sufficient time. Hence it is prayed that the appellant be enlarged on bail and his remaining jail sentence be suspended till the final disposal of the appeal.

Per contra, learned GA for the respondent/State opposes the application Signature Not Verified Signed by: BHUNESHWAR DATT Signing time: 09-05-2023 14:34:28

for suspension of sentence and prays for its rejection.

After considering the facts and circumstances of the case, submissions made by learned counsel for both the parties, nature and gravity of the allegation against the appellant and also taking note of the fact that appellant remained on bail during the trial and he did not misuse the liberty given to him and that final conclusion of this appeal will take a long sufficient time, I deem it proper to suspend the remaining jail sentence of the appellant.

Accordingly, IA No. 6567 of 2023 is allowed and the execution of remaining jail sentence of the appellant-Adarsh is hereby suspended till the final disposal of this appeal and it is ordered that the appellant be released on bail on

his depositing the fine amount, if not already deposited, and upon his furnishing a personal bond for a sum of Rs. 75,000/- (Rs. Seventy Five Thousand) with one solvent surety of the like amount to the satisfaction of the trial Court, with a further direction to appear before the Registry of this Court on 23.11.2023 and on such other dates, as may be fixed by the Registry of this Court in this regard during the pendency of this appeal.

Let the record of the court below be requisitioned. C.C. as per rules.

(ANIL VERMA) JUDGE

BDJ

Signature Not Verified Signed by: BHUNESHWAR DATT Signing time: 09-05-2023 14:34:28