Pramod @ Pamesh vs The State Of Madhya Pradesh
2023 Latest Caselaw 7661 MP

                                                             1
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                     CRA No. 12370 of 2022
                                           (PRAMOD @ PAMESH Vs THE STATE OF MADHYA PRADESH)

                          Dated : 10-05-2023
                                Shri Ashish Kumar Mishra, counsel for the appellant.

                                Shri Amit Bhurrak, P.L. for respondent/ State.

Heard on I.A. No.24626/2022, 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 Section 363,366 and 376(2)(N) of IPC and sentenced to undergo 3 years R.I. with fine of Rs.500/-, in the first count, 07 years RI and fine of Rs.1000/- in the second count while 10 years R.I. with fine of Rs.1000/- in the last count with default stipulation vide judgment dated 18.11.2022 passed in S.T. No.05/2011

(State of M.P. Vs. Pramod @ Pamesh) by Ist Addl. Sessions Judge, Dhindori.

Learned counsel for the appellant submits that appellant has been erroneously convicted by the trial court. It has not properly appreciated the evidence of the prosecution witnesses. It is submitted that the prosecutrix has

turned hostile and has not supported the prosecution story even then the learned trial court has convicted the appellant only on the basis of presumption that appellant had been absconding after registration of the F.I.R which proves his guilt. Such findings are beyond evidence on record and bad in law. Final hearing of this appeal is not possible in near future. Therefore, it has been prayed that execution of the jail sentence of the appellant be suspended and he be released on bail.

On the other hand, learned counsel for the respondent/State has opposed Signature Not Verified Signed by: MANOJ KUMAR LALWANI Signing time: 5/11/2023 11:00:34 AM

the prayer for grant of bail to the appellant.

I have gone through the evidence of the prosecutrix (P.W.1) and other material on record, without expressing any opinion on merits of the matter, I deem it proper to suspend the remaining jail sentence of the appellant. Consequently, I.A.No.24626/2022 is allowed.

The execution of jail sentence of appellant - Pramod @ Pamesh 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, Dhindori on 28.07.2023 and also on such other dates, as may be fixed by it in this regard during the pendency of this appeal.

List this 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: 5/11/2023 11:00:34 AM