Madhya Pradesh High Court
Anil vs The State Of M.P. on 24 November, 2023
Author: Roopesh Chandra Varshney
Bench: Roopesh Chandra Varshney
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 3679 of 2022
(ANIL Vs THE STATE OF M.P. AND OTHERS)
Dated : 24-11-2023
Shri J.L. Soni- Advocate for appellant.
Shri Harsh Gupta - Panel Lawyer for respondent No.1/State.
None for respondent No.2/victim, even though served.
Heard on I.A. No.16981/2023, this is repeat (second) application for
suspension of sentence and grant of bail filed under Section 389(1) of Cr.P.C.
on behalf of appellant-Anil Patel.
The appellant has been convicted vide judgment dated 23/03/2022 passed
by Special Judge (Protection of Children from Sexual Offences Act,2012) /
First Additional Sessions Judge, Rahli, District Sagar in SC No. 25/2020 and
appellant has been convicted for offence punishable under Section 377/511 of
IPC and under Section 3(c)/4 of Protection of Children from Sexual Offences
Act, 2012 and sentenced to undergo RI for 10 years and to pay fine amount of
Rs.1,000/- for each offence respectively with usual default stipulations.
Learned counsel for the appellant submits that the trial Court has not
properly appreciated the evidence in its proper perspective and committed
grave error in convicting the appellant for aforesaid offence. Learned counsel
for appellant submits that material witnesses have not supported the prosecution
case and appellant has already suffered more than three years custodial
sentence. There are fair chances of success of this appeal and final hearing of
same will take considerable time, therefore, if remaining custodial sentence has
not been suspended, then the appeal filed by appellant may turn infructuous.
Under these circumstances, learned counsel for appellant prays for suspension
of jail sentence and release of the appellant on bail till the final disposal of the
appeal.
O n the other hand, learned Panel Lawyer has opposed the contention
rais ed by learned counsel for appellant and prays for rejection of said
application.
Looking to the aforesaid facts and circumstances of the case coupled
with the fact that material witnesses have not supported the prosecution case
and appellant has already served more than 3 years custodial sentence and
according to listing policy the hearing of this appeal will take time, the
application is allowed and it is directed that the execution of the remaining jail
sentence passed against appellant - Anil Patel shall remain suspended during
the pendency of this appeal subject to depositing entire fine amount, if already
not deposited and upon his furnishing personal bond in the sum of Rs.50,000/-
(Rs. Fifty Thousand only) with one solvent surety in like amount to the
satisfaction of the trial Court for securing his presence before the trial Court on
02/01/2024 and on such further dates as may be fixed by trial Court it in this
regard during the pendency of this appeal.
List the appeal for final hearing in due course.
(ROOPESH CHANDRA VARSHNEY)
JUDGE
skt
