Chhotu @ Chhota@Ramprakash vs The State Of Madhya Pradesh
2023 Latest Caselaw 18954 MP

                                                              1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT GWALIOR
                                                      CRA No. 13894 of 2023
                                      (CHHOTU @ CHHOTA@RAMPRAKASH Vs THE STATE OF MADHYA PRADESH)

                           Dated : 08-11-2023
                                  Shri Pradeep Katare - Advocate for the appellant.

                                  Shri R.S. Yadav - Public Prosecutor for respondent/State.

Heard on the question of admission.

Record of the court below be called for.

Heard on I.A. No. 20354 of 2023, which is first application under Section 389(1) Cr.P.C. for suspension of sentence and grant of bail filed by the

appellant with an alternative prayer for grant of temporary bail as record has not been received..

This Criminal Appeal assails the judgment dated 09.10.2023 passed by Special Judge (POCSO Act), Mehgaon, District Bhind (M.P.) in Special Sessions Trial No.16/2022, whereby appellant has been convicted and sentenced under Section 354 of IPC to undergo rigorous imprisonment of three years with fine of Rs.5,000/-, under Section 7 r/w. Section 8 of POCSO Act to undergo rigorous imprisonment of three years with fine of Rs.5,000/-, with default stipulations.

Learned counsel for the appellant submits that the trial Court has wrongly been convicted the appellant without proper appreciation of facts of the case as well as evidence available on record. There are material omissions and contradictions in the statements of the prosecution witnesses. It is further argued that the trial Court has already suspended the jail sentence of the appellant for a period of one month from the date of order. The appeal is likely to take long time to conclude. Hence, he prayed to suspend the jail sentence Signature Not Verified Signed by: VIPIN KUMAR AGRAHARI Signing time: 09-11-2023 10:31:03 AM

and grant of bail to appellant.

Counsel for the State vehemently opposed the application and prayed for its rejection.

Heard learned counsel for the parties and perused the materials available on record.

Considering the arguments advanced by learned counsel for the parties, without commenting on merits of the case, I.A. No.20354 of 2023 is hereby allowed. Subject to depositing of fine amount, if not already deposited, and on furnishing personal bond by appellant in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety of the like amount to the satisfaction

of the concerned trial Court, the remaining jail sentence of the appellant shall remain temporarily suspended and he be released on bail for a period of two (2) months from the date of this order.

The appellant is directed to surrender before the concerned trial Court immediately after lapse of interim bail period of two months and file relevant documents with regard to surrender before the Registry of this Court.

Trial Court is directed to intimate this Court regarding surrender of appellant.

List this matter in week commencing 18/12/2023 along with the record.

E-copy/Certified copy as per rules.

(SUNITA YADAV) JUDGE

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Signature Not Verified Signed by: VIPIN KUMAR AGRAHARI Signing time: 09-11-2023 10:31:03 AM