Kamal Alias Pintu Sahu vs The State Of Madhya Pradesh
2023 Latest Caselaw 18403 MP

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 9954 of 2023 (KAMAL ALIAS PINTU SAHU Vs THE STATE OF MADHYA PRADESH AND OTHERS)

Dated : 02-11-2023 Shri R.R. Patel - Advocate for appellant.

Shri Aditya Choubey - Government Advocate for State.

Heard on the question of admission.

Appeal is admitted for final hearing.

Also heard o n I.A. No.18737/2023, t h is is first application for

suspension of sentence and grant of bail filed under Section 389 (1) of Cr.P.C. on behalf of appellant.

The appellant has been convicted vide judgment dated 26.07.2023 passed by Additional Sessions Judge and Special Judge, Sirmaur, District Rewa in Special ST No.70/2020 and appellant has been found guilty for commission of offence punishable under Section 354 of IPC and 7/8 of POCSO Act and sentenced to undergo RI for 2 years and RI for 3 years and to pay fine amount of Rs.200/- and Rs.200/- for each offence respectively with usual 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. There are fair chances of success of this appeal and final hearing of same will take considerable time, therefore, if remaining custodial sentence has not been suspended, then the appeal filed by appellant may turn infructuous. Under these circumstances, learned counsel for appellant prays for suspension of jail sentence and release of the appellant on bail till the final disposal of the appeal. Signature Not Verified Signed by: DHEERAJ PRATAP SINGH Signing time: 03-Nov-23 10:09:55 AM

On the other hand, learned counsel for State has opposed the contention raised by learned counsel for appellant and prays for rejection of said application.

Looking to the fact that earlier vide order dated 14.08.2023, period of suspension of sentence has already been extended by this Court till next date of hearing 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 passed against appellant s hall remain suspended during the pendency of this appeal subject to depositing entire fine amount, if already not 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 22/12/2023 and on such further dates as may be fixed by trial Court it in this regard during the pendency of this appeal.

List the appeal for final hearing in due course.

(ROOPESH CHANDRA VARSHNEY) JUDGE

DPS

Signature Not Verified Signed by: DHEERAJ PRATAP SINGH Signing time: 03-Nov-23 10:09:55 AM