Madhya Pradesh High Court
Rambabu vs The State Of Madhya Pradesh on 2 November, 2023
Author: Rajendra Kumar-Iv
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 13561 of 2023
(RAMBABU Vs THE STATE OF MADHYA PRADESH)
Dated : 02-11-2023
Shri Dependra Mishra - Advocate for the appellant.
Ms. Priyanka Mishra - Government Advocate for the respondent/State.
Order on appeal.
Heard learned counsel for the appellant and perused the record and
appeal is ripe for hearing.
The appeal is admitted for final hearing.
Record of the Court below has been received.
Learned Government Advocate is directed to serve the victim within two
weeks.
SSP Panna is directed to file his personal affidavit regarding explanation
why notice of appeal has not been served upon victim/informant, on or before
next date of hearing.
Order on IA No.25547/2023.
The application filed by the appellant sunder Section 389(1) of the
Cr.P.C. for grant of bail of the appellant arising out of judgment dated
09.10.2023 delivered in S.C. No.35/2023 passed by Special Judge, POCSO
Act, Panna in connection with Crime No.17/2023, registered at Police Station -
Mahila Thana, Panna, District Panna.
T h e appellant has been convicted under Section 341of IPC and
sentenced to undergo R.I. for 15 days with fine of Rs.200/-, under Section 354
of IPC and sentenced to undergo R.I. for 1 year with fine of Rs.1,000/- and
under Section 11(i)/12 POCSO Act, 2012 and sentenced to undergo R.I. for 6
Signature Not Verified
Signed by: ROSHNI SINGH
Signing time: 03-11-2023
16:39:41
months with fine of Rs.1000/-, with default stipulations.
Learned counsel for the appellant submits that final hearing of this appeal
is not possible in near future. Learned trial Court has suspended the sentence of
appellant till 8.11.2023. He has not misused the liberty of bail of the
appellant/accused. Final hearing of this appeal is not possible in near future. He
has convicted and sentenced with maximum punishment of 1 years. Thus, it is
prayed that the jail sentence of the appellant may be suspended.
Per Contra the prayer is opposed by learned Government Advocate for
the State.
Considering the facts and circumstances of the case, evidence adduced
by both the parties and minor alleged offence and without commenting upon the
merits of the case, I deem it proper to grant the bail to accused/appellant on his
furnishing a personal bond for a sum of Rs. 50,000/- (Rs. Fifty Thousand
Only) with two sureties of the like amount to the satisfaction of the trial Court
concerning, during the pendency of this appeal. The fine amount imposed by
trial Court shall be deposited before his release if not already deposited .
Accordingly, I.A. is disposed of.
List in the in the week commencing 20.11.2023.
(RAJENDRA KUMAR-IV)
JUDGE
R
Signature Not Verified
Signed by: ROSHNI SINGH
Signing time: 03-11-2023
16:39:41
