Raman Valmik vs The State Of Madhya Pradesh
2023 Latest Caselaw 19123 MP

IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR CRA No. 13970 of 2023 (RAMAN VALMIK Vs THE STATE OF MADHYA PRADESH)

Dated : 09-11-2023 Shri Harshardhan Sharma, learned counsel for the appellant.

Shri Alok Sharma -P.L.- appearing on behalf of Advocate General. Record of the Court below be called.

Heard on I.A. No. 20473 of 2023, which is first application under Section 389(1) Cr.P.C. for suspension of sentence and grant of bail moved by the appellant -Raman with an alternative prayer for grant of temporary bail as

record has not been received.

This Criminal Appeal assails the judgment dated 11.10.2023 passed by Special Judge (POCSO) & 2nd ASJ, Dist. Datia (M.P.) in Special Sessions Trial No. 17/2022, whereby appellant has been convicted and sentenced under Section 354, 323 (two counts) of IPC and section 7/8 of POCSO Act to undergo maximum rigorous imprisonment of Three years with maximum fine of Rs.6,000/- with default stipulations.

Learned counsel for the appellant submits that the trial Court has wrongly convicted the appellant without considering the material and evidence available

on record. There are material contradictions and omissions in the statement of the prosecution witnesses. It is further argued that during trial the appellant was on bail and he has not misused the liberty so granted. This appeal is likely to take long time to conclude. Hence, prayer is made to temporarily suspend the jail sentence and grant of temporary bail to the appellant.

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

Signature Not Verified Signed by: SANJAY NAMDEORAO DURGEKAR Signing time: 09-11-2023 05:40:15 PM

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. 20473 of 2023 is hereby allowed. Subject to depositing of fine amount, if not already deposited, and on furnishing personal bond of Rs.50,000/- (Rupees Fifty Thousand only) with two solvent sureties of the like amount to the satisfaction of the concerned trial Court, the remaining jail sentence of the appellant shall remain temporarily suspended and they be released on bail for a period of two months from today.

List the case in the week commencing 11/12/2023. A copy of this order be sent to the concerned Court below for compliance.

Certified copy/ e-copy as per rules/directions.

(SUNITA YADAV) JUDGE

Durgekar

Signature Not Verified Signed by: SANJAY NAMDEORAO DURGEKAR Signing time: 09-11-2023 05:40:15 PM