Asal Suryawanshi vs The State Of Madhya Pradesh
2023 Latest Caselaw 19841 MP

Madhya Pradesh High Court

Asal Suryawanshi vs The State Of Madhya Pradesh on 28 November, 2023

Author: Roopesh Chandra Varshney

Bench: Roopesh Chandra Varshney

                                                                1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                        CRA No. 13008 of 2023
                                        (ASAL SURYAWANSHI Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                           Dated : 28-11-2023
                                 Shri Vikas Jyotishi - Advocate for appellant.

                                 Shri Shailendra Mishra - Panel Lawyer for the respondent/State.

Heard on the question of admission.

Admit.

Also heard on I.A.No.24456 of 2023 an application for suspension of

sentence and grant of bail filed under Section 389(1) of Cr.P.C. on behalf of appellant.

The appellant has been convicted vide judgment dated 25/09/2023 passed b y Additional Sessions Judge, Amarwada, District Chhindwara in S.C. No.30/2019 for the offence punishable under Sections 341, 354, 506-II of the IPC and Section 8 of the POCSO Act and sentenced him to undergo S.I. for one month with fine of Rs.200/-, R.I. for three years with fine of Rs.5,000/-, R.I. for one year with fine of Rs.1,000/- and R.I. for three with fine of Rs.5,000/- respectively with default stipulations.

Learned counsel for the appellant submitted that the trial Court has already suspended the jail sentence of the appellant till 24/10/2023, thereafter this Court extended the period of suspension till 30/11/2023. Learned trial Court has wrongly convicted the appellant for the aforesaid offences, hence he has prayed for suspension of jail sentence and release of the appellant on bail till the final disposal of the appeal.

On the other hand, learned counsel for the respondent/State has 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 the trial Court has already suspended the jail sentence of the appellant till 24/10/2023, which has been extended by this Court till 30/11/2023 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 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 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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