Ramawatar Namdev vs The State Of Madhya Pradesh
2023 Latest Caselaw 18541 MP

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                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                         CRA No. 13706 of 2023
                                (RAMAWATAR NAMDEV AND OTHERS Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                           Dated : 03-11-2023
                                 Shri V.K. Pandey - Advocate for the appellant.

                                 Shri Surdeep Khamparia - Panel Lawyer 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. Order on IA No.25773/2023.

The application filed by the appellant sunder Section 389(1) of the Cr.P.C. for grant of bail to the appellant-Ramawatar Namdev arising out of judgment dated 19.10.2023 delivered in S.C. No.12/2019 passed by learned Special Judge, POCSO Act, Panna District Chhatarpur in connection with Crime No.21/2019, registered at Police Station - Guner, District Chhatarpur.

The appellant has been convicted under Section 3(1)(Gha) and 3(2)(5-A)

two counts of SC/ST Act and sentenced to undergo R.I. for 6 months with fine of Rs.500/-, with default stipulations.

Learned counsel for the appellant submits that appellant is on bail till 20.11.2023.. He has not misused the liberty of bail. Final hearing of this appeal is not possible in near future. He has convicted and sentenced with maximum punishment of 6 months. Thus, it is prayed that jail sentence of the appellant may be granted.

Per contra the prayer is opposed by learned Panel Lawyer for the State. Signature Not Verified Signed by: ROSHNI SINGH Signing time: 03-11-2023 16:39:41

Considering fact and circumstances of the case and submission made by the counsel for the parties, 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 within 15 days from today, if not already deposited.

Accordingly, I.A. is disposed of.

List in the second week of January, 2024 for final hearing. Certified copy as per rules.

(RAJENDRA KUMAR-IV) JUDGE

R

Signature Not Verified Signed by: ROSHNI SINGH Signing time: 03-11-2023 16:39:41