Salman @ Tingu vs The State Of Madhya Pradesh
2023 Latest Caselaw 20013 MP

Madhya Pradesh High Court

Salman @ Tingu vs The State Of Madhya Pradesh on 29 November, 2023

Author: Roopesh Chandra Varshney

Bench: Roopesh Chandra Varshney

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                                          IN THE HIGH COURT OF MADHYA PRADESH
                                                       AT JABALPUR
                                                          CRA No. 6387 of 2023
                                                (SALMAN @ TINGU Vs THE STATE OF MADHYA PRADESH)

                           Dated : 29-11-2023
                                   Shri Jafar Khan - Advocate for appellant.

                                   Ms.Shanti Tiwari - Panel Lawyer for respondent/State.

Shri Pramod Tomar - Advocate for Objector.

Heard on admission.

Admit.

Heard on I.A.No.10446/2023, which is the first application under Section 389(1) of the Cr.P.C. filed on behalf of appellant for suspension of sentence and grant of bail.

The appellant has been convicted vide judgment dated 25.04.2023 passed by IIIrd Additional Sessions Judge/Special Judge (POCSO Act), Sagar in S.C. No.61/2021 for the offence punishable under Sections 376(1) of the IPC and sentenced him to undergo R.I. for ten years with fine of Rs.5,000/- with default stipulation.

Learned counsel for the appellant submitted that the 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 is in jail, hence he prayed for suspension of jail sentence and release the appellant on bail as final hearing of this appeal will take time.

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 is in jail 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 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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