Khemraj Harinkhede vs The State Of Madhya Pradesh
2023 Latest Caselaw 19521 MP

Madhya Pradesh High Court

Khemraj Harinkhede vs The State Of Madhya Pradesh on 22 November, 2023

Author: Roopesh Chandra Varshney

Bench: Roopesh Chandra Varshney

                                                                 1
                                          IN THE HIGH COURT OF MADHYA PRADESH
                                                       AT JABALPUR
                                                         CRA No. 5442 of 2021
                                             (KHEMRAJ HARINKHEDE Vs THE STATE OF MADHYA PRADESH)

                           Dated : 22-11-2023
                                     Shri Siddharth Bendel - Advocate for the appellant.

                                     Ms. Ekta Gupta - Panel Lawyer for the respondent/State.

Heard on I.A.No.16786/2021, which is the first 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 04.09.2021 passed by Special Judge (POCSO Act), Balaghat in SCATR.No.01/2016 for the offence punishable under Section 354 (on two counts) of the IPC and sentenced him to undergo R.I. for five years(on two counts) with fine of Rs.5,000/-, Sections 509 and 12 of the IPC and sentenced him to undergo R.I. for three years with fine of Rs.2,000/- and Section 10 of POCSO Act and sentenced him to undergo R.I. for seven years with fine of Rs.7,000/-, 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 has suffered the jail sentence of more than 02 years and 01 month and 13 days, 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 and the fact that The appellant has suffered the jail sentence of more than 02 years and 01 month and 13 days 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 24/01/2024 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

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