Madhya Pradesh High Court
Manoj Raut vs The State Of Madhya Pradesh on 6 November, 2023
Author: Roopesh Chandra Varshney
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 8087 of 2021
(MANOJ RAUT AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 06-11-2023
Shri R.K. Bisen - Advocate for appellants.
Shri Yadvendra Dwivedi - Panel Lawyer for respondent /State.
None for victim, though served.
Heard on the question of admission.
Appeal is admitted for final hearing.
Also heard o n I.A. No.23113/2021, 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 appellants -Manoj Raut, Ravindra Murkhe and Smt. Pratima
Murkhe.
T h e appellants have been convicted vide judgment dated 10/12/2021
passed by Special Judge (Protection of Children from Sexual Offences Act,
2012), Waraseoni, District Balaghat Special Case No. 37/2021 and appellant
No.1- Manoj has been found guilty for commission of offence punishable
under Sections 354/120(B), 354(Ka) and 354(Gha) of IPC and under Section 8
of Protection of Children from Sexual Offences Act, 2012 and sentenced to
undergo RI for 3 years, 3 years, 1 year and 3 years and to pay fine of Rs.100/-
for each offence; whereas appellant Nos. 2 and 3 namely Ravindra and Pratima
have been convicted for commission of offence punishable under Section
354/120(B) of IPC and Section 8/17 of Protection of Children from Sexual
Offences Act, 2012 and sentenced to undergo RI for 3 years and to pay fine of
Rs.100/- for each offence respectively with usual default stipulations.
Learned counsel for the appellants submits that the trial Court has not
Signature Not Verified
Signed by: SANTOSH
KUMAR TIWARI
Signing time: 07-Nov-23
11:13:22 AM
properly appreciated the evidence in its proper perspective and committed
grave error in convicting the appellants for aforesaid offence. Custodial
sentence of appellants have already been extended by this Court, vide order
dated 06/01/2022, 28/01/2022, 14/02/2022, 22/03/2022 and vide order dated
20/10/2023 till next date of hearing. . 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
appellants 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.
O n the other hand, learned Panel Lawyer has opposed the contention
raised by learned counsel for appellant and prays for rejection of said
application.
Looking to the fact that the custodial sentence of appellants have already
been extended by this Court, vide order dated 06/01/2022, 28/01/2022,
14/02/2022, 22/03/2022 and vide order dated 20/10/2023 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 passed against
appellants -Manoj Raut, Ravindra Murkhe and Smt. Pratima Murkhe
shall remain suspended during the pendency of this appeal and they be
released on bail subject to depositing entire fine amount, if already not
deposited and upon their furnishing personal bond in the sum of Rs.50,000/-
(Rs. Fifty Thousand only)each with one separate surety in like amount to the
satisfaction of the trial Court for their appearance before the trial Court on
22/12/2023 and on such further dates as may be fixed by trial Court it in this
Signature Not Verified
regard during the pendency of this appeal.
Signed by: SANTOSH
KUMAR TIWARI
Signing time: 07-Nov-23
11:13:22 AM
List the appeal for final hearing in due course.
(ROOPESH CHANDRA VARSHNEY)
JUDGE
skt
Signature Not Verified
Signed by: SANTOSH
KUMAR TIWARI
Signing time: 07-Nov-23
11:13:22 AM
