Arvind vs The State Of Madhya Pradesh
2023 Latest Caselaw 18669 MP

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                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                      CRA No. 11361 of 2023
                                           (ARVIND Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                          Dated : 06-11-2023
                                Mr. Naveen Giri- Advocate for the appellants.

                                Mr. Prasannjeet Chatarjeet- Panel Lawyer for the respondent/State.

Heard on admission.

Appeal being arguable is admitted for hearing. Let record of the Court below be called for.

Heard on I.A. No.21398/2023 an application under Section 389(1) of the Cr.P.C. for suspension of remaining jail sentence and grant of bail to appellant arising out of judgment dated 9.8.23 delivered in SC No.54/2020 by Second ADJ, Sagar, District Sagar.

The appellant has been convicted under Section 354 of IPC r/w/s 7/8 of POCSO Act and sentenced to undergo R.I. for 3 years with fine of Rs.500/- and under Section 452 of the IPC and sentenced to undergo RI for 3 years and fine of Rs.500/- with default stipulations.

Learned counsel for the appellant submitted that appellant is innocent

person and has been falsely implicated in this case. He has been in custody since the date of judgment. The final hearing of this appeal is not possible in near future. Thus, remaining jail sentence of appellants may be suspended and they be released on bail.

The prayer is opposed by learned Panel Lawyer. Taking into consideration the over all evidence on record and looking to the custody period of the appellants, coupled with the fact that hearing of this appeal is not possible in near future, I deem it proper to suspend the remaining Signature Not Verified Signed by: S HUSHMAT HUSSAIN Signing time: 11/8/2023 12:11:53 PM

jail sentence of the appellant. Accordingly, I.A No.21398/2023 is allowed.

Subject to depositing the fine amount, if not already deposited, the remaining jail sentence of the appellants is hereby suspended and it is directed that the appellants be released on bail on their furnishing a personal bond for a sum of Rs.50,000/- (Rupees Fifty thousand only) eac h with one solvent surety each of the like amount to the satisfaction of the trial court with a further direction to appear before the concerning trial court on 10.01.2024 and also on such other dates, as may be fixed by the trial court in this regard during the pendency of this appeal.

List the case for final hearing in due course.

C. c. as per rules.

(BINOD KUMAR DWIVEDI) JUDGE

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Signature Not Verified Signed by: S HUSHMAT HUSSAIN Signing time: 11/8/2023 12:11:53 PM