Rohit vs The State Of Madhya Pradesh
2023 Latest Caselaw 19081 MP

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                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                      CRA No. 14048 of 2023
                                                  (ROHIT Vs THE STATE OF MADHYA PRADESH)

                           Dated : 09-11-2023
                                   Mr. Ahadulla Usmani - Advocate for the appellant.

                                   Ms. Vibha Pathak - Public Prosecutor for the respondent/State.

Heard on I.A. No.26470/2023 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 27.10.2023 delivered in SC No.217/2021 by the

Special Judge (POCSO Act), Chhindwara.

The appellant has been convicted under Section 354 and 354-A(1)(ii) of IPC and sentenced to undergo R.I. for 01 year with fine of Rs.100/- and RI for 01 years with fine of Rs.100/- and under Sections 354-D/IPC/11(iv)/12 POCSO Act and sentence to undergo RI for 01 year with fine of Rs.100/-, under 354- A(1)(i) IPC/11(i)/12 POCSO Act and sentenced to undergo RI for 1 year with fine of Rs.100/- and under Section 7/8 and sentence to undergo 03 years with fine of Rs.100/- with default stipulations.

Learned counsel for the appellant submits that the appellant is innocent

person and has been falsely implicated in this case. The appellant has no criminal antecedents. He further submits that appellant's sentence has already been suspended by the Trial Court vide order till 25.11.2023 by the Trial Court. Appellant is enlarged on bail during trial and did not misuse the liberty granted to him. The final hearing of this appeal is not possible in near future. Thus, remaining jail sentence of appellant may be suspended and he be released on bail.

P er contra, learned Panel Lawyer opposes the prayer and prays for Signature Not Verified Signed by: VIBHA PACHORI Signing time: 11/9/2023 6:02:45 PM

rejecting the application for bail.

Taking into consideration the over all evidence on record and looking the period of custody of the appellant, coupled with the fact that hearing of this appeal is not possible in near future, I deem it proper to suspend the remaining jail sentence of the appellant. Accordingly, I.A No.26470/2023 is allowed.

Subject to depositing the fine amount, if not already deposited, the remaining jail sentence of the appellant is hereby suspended and it is directed that the appellants be released on bail on his furnishing a personal bond for a sum of Rs.50,000/- (Rupees Fifty thousand only) with one solvent surety 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.

Let the record of Court below be requisitioned. C. c. as per rules.

(BINOD KUMAR DWIVEDI) JUDGE

vibha

Signature Not Verified Signed by: VIBHA PACHORI Signing time: 11/9/2023 6:02:45 PM