Shailendra Jatav Alias ... vs The State Of Madhya Pradesh
2023 Latest Caselaw 18252 MP

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                       CRA No. 3946 of 2023
                                 (SHAILENDRA JATAV ALIAS SHAILENDRA YADAV Vs THE STATE OF MADHYA PRADESH)

                           Dated : 01-11-2023
                                 Shri Rajas Pohankar - Advocate for appellant.

                                 Shri M.K. Singh - Panel Lawyer for respondent/State.

Heard on admission.

Appeal seems to be arguable, hence it is admitted for final hearing. Also heard on I.A.No.6151/2023, which is the first application for

suspension of sentence and grant of bail filed under Section 389 of Cr.P.C. on behalf of appellant.

Appellant has been convicted vide judgment dated 03/03/2023 passed by 18th Additional Sessions Judge / Special Judge (POCSO Act), Bhopal in SC.No.44/2021 for commission of offence punishable under Section 376(2)(n) of the IPC and sentenced him to undergo R.I. for ten years with fine of Rs.1,50,000/- with default stipulations.

Learned counsel for the appellant submits that the trial Court has not properly appreciated the evidence in its proper perspective and committed

grave error in convicting the appellant for aforesaid offence. It is submitted that the prosecutrix was a consenting party and FSL as well as DNA report was found negative, which indicates that the appellant has falsely been implicated in the crime. The appellant is in custody since 03/03/2023. During trial the appellant was on bail and he did not misuse the liberty granted to him. There are fair chances of success of this appeal and final hearing of same will take considerable time, therefore, if remaining custodial sentence of the appellant has not been suspended, then the appeal filed by appellant may turn infructuous. Signature Not Verified Signed by: ANURAG SONI Signing time: 02-11-2023 10:47:05

Under these circumstances, learned counsel for appellant prays for suspension of jail sentence and release the appellant on bail.

On the other hand, learned counsel for the State has opposed the prayer. Looking to the facts and circumstances of the case, contention of learned counsel for the appellant and the fact that the appellant is in custody since 03/03/2023 and according to listing policy the hearing of this appeal will take time, the application is allowed and it is directed that the execution of the remaining jail sentence alone passed against appellant shall remain suspended during the pendency of this appeal and he be released on bail subject to depositing fine amount, if not already deposited and upon his furnishing

personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand only) with one surety in like amount to the satisfaction of the trial Court for his appearance before the trial Court on 20/12/2023 and on such further dates as may be fixed by trial Court it in this regard during the pendency of this appeal.

So far as I.A.No.6270/2023, an application for exemption from depositing the fine amount is concerned, on due consideration the same is hereby dismissed.

List the matter for final hearing in due course. Certified copy as per rules.

(ROOPESH CHANDRA VARSHNEY) JUDGE

as

Signature Not Verified Signed by: ANURAG SONI Signing time: 02-11-2023 10:47:05