Vikas @ Vicky vs The State Of Madhya Pradesh
2023 Latest Caselaw 7900 MP

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                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                      CRA No. 3249 of 2023
                                        (VIKAS @ VICKY Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                          Dated : 12-05-2023
                                Shri J. A. Shah- Advocate for the appellant.

                                Shri Manoj Kushwaha - Panel Lawyer for respondent / State.

None for the 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.

Also heard on I.A.No.5090/2023, 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 and has been sentenced to R.I. for 01 year and fine of Rs.1000/- with default stipulation vide judgment dated 23.2.2023 passed in Special Case POCSO Act, 2012, Burhanpur (State of M.P. Vs. Vikas @

Vicky) by Special Judge, POCSO Act, 2012, Burhanpur.

Learned counsel for the appellant has submitted that appellant has been released on bail by the trial Court itself till 14.3.2023. Thereafter, this Court vide orders dated 13.3.2023 and 20.4.2023 has extended the order of suspension of jail sentence 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 Signature Not Verified Signed by: DEEPA MISHRA Signing time: 5/13/2023 10:54:26 AM

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.5090/2023 is allowed. The execution of jail sentence of appellant - Vikas @ Vicky 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 28.07.2023 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 today.

(DINESH KUMAR PALIWAL) JUDGE

mrs. mishra

Signature Not Verified Signed by: DEEPA MISHRA Signing time: 5/13/2023 10:54:26 AM