Kaliya Yadav vs The State Of Madhya Pradesh
2023 Latest Caselaw 19008 MP

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                                          IN THE HIGH COURT OF MADHYA PRADESH
                                                       AT JABALPUR
                                                         CRA No. 6725 of 2018
                                                 (KALIYA YADAV Vs THE STATE OF MADHYA PRADESH)

                           Dated : 08-11-2023
                                     Shri S.K. Mishra - Advocate for the appellant.

                                     Shri Aditya Choubey - Government Advocate for the respondent/State.

Heard on I.A.No.19802/2023, which is the second application under Section 389 (1) of the Cr.P.C. for suspension of custodial sentence passed against appellant and release him on bail.

The appellant has been convicted vide judgment dated 25/08/2018 passed b y III Additional Sessions Judge, Tikamgarh in Special Sessions Case No.112/2015 for the offence punishable under Sections 354, 323 of the IPC and Section 7/8 of the POCSO Act and sentenced him to undergo R.I. for three years with fine of Rs.500/-, R.I. for six months with fine of Rs.500/- and R.I. for three years with fine of Rs.500/- respectively with default stipulations.

Learned counsel for the appellant submitted that the learned trial Court has wrongly convicted the appellant for the aforesaid offence. There are several omissions and contradictions in the evidence adduced by the prosecution

witnesses. The appellant is a young boy aged about 27 years. The appellant is in custody since 30/10/2023, hence he prayed for suspension of jail sentence and release the appellant on bail as final hearing of this appeal is not possible in near future.

On the other hand, learned counsel for the respondent/State opposed the prayer and prayed for dismissal of the above application.

Looking to the facts and circumstances of the case, contention of learned counsel for the appellant, the short sentence of the appellant and the fact that Signature Not Verified Signed by: ANURAG SONI Signing time: 08-11-2023 16:37:35

the appellant is in custody since 30/10/2023 and according to listing policy the hearing of this appeal will take time, application is allowed and it is directed that the execution of the remaining jail sentence passed against appellant shall remain suspended during the pendency of this appeal and he be released on bail subject to depositing fine amount, if not already 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 20/12/2023 and on such further dates as may be fixed by trial Court it in this regard during the pendency of this appeal.

List the matter for final hearing in due course.

Certified copy as per rules.

(ROOPESH CHANDRA VARSHNEY) JUDGE

as

Signature Not Verified Signed by: ANURAG SONI Signing time: 08-11-2023 16:37:35