Santosh Panthi vs The State Of Madhya Pradesh
2023 Latest Caselaw 16299 MP

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT GWALIOR
                                                      CRA No. 12077 of 2023
                                             (SANTOSH PANTHI Vs THE STATE OF MADHYA PRADESH)

                           Dated : 04-10-2023
                                  Shri Navnidhi Padaraya, Advocate for appellant.

                                  Shri Neeraj Dhamaniya- Panel Lawyer for respondent - State.

Heard on admission.

Record of the trial Court has been received. Appeal being arguable, is admitted for final hearing. Heard on IA No. 17712 of 2023 first application under Section 389(1)

Cr.P.C. moved on behalf of appellant for suspension of jail sentence and grant of bail.

Appellant stand convicted under Section 354, 452, 323 and 324 of IPC and sentenced to undergo RI for one year with fine of Rs.200/-, RI for two years with fine of Rs.400/-, fine of Rs.300/- and RI for one year with fine of Rs.200/- respectively with default stipulation vide judgment of conviction and order of sentence dated 01-09-2023 passed by Third Additional Sessions Judge/Ananya Special Judge (POCOS Act), Vidisha in SCATR 156 of 2020.

Learned Counsel for the appellant submits that the impugned judgment

passed by learned trial Court is based on assumption, conjecture and surmises. The learned Trial Court has committed an error in convicting and sentencing the present appellant without appreciating the prosecution evidence properly. There are material contractions and omissions in the evidence of witnesses.

Learned Counsel for the appellant submits that the jail sentence of appellant has already been suspended by the trial Court till today i.e. 04-10- 2023. Learned counsel further submits that appellant was on bail during trial and Signature Not Verified Signed by: RAM KUMAR SHARMA Signing time: 04/10/2023 5:48:49 PM

he did not misuse the liberty so granted to him. Fine amount has already been deposited. There is no likelihood of hearing of appeal in near future. On these grounds, learned Counsel prays that execution of remaining jail sentence of appellant may be suspended and he may be enlarged on bail.

Per contra, learned Counsel for respondent- State opposes the application and prays for its rejection.

Upon hearing learned Counsel for the parties but without commenting upon rival contentions touching merits of the case, regard being had the jail sentence of the appellant has already been suspended by the trial Court till today i.e. 04-10-2023, this Court is of the view that the application deserves to

be allowed. It is, accordingly directed that execution of remaining jail sentence o f appellant shall remain suspended during pendency of this appeal and he shall be enlarged on bail subject to furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of Trial Court and also subject to deposit of the fine amount (if not already deposited) for his appearance before the Registry of this Court on 29.11.2023 and on further dates as may be directed by the Registry in that regard.

Accordingly, aforementioned I.A. stands allowed and disposed of. List for final hearing in due course.

Certified copy as per rules.

(SANJEEV S KALGAONKAR) JUDGE

Rks

Signature Not Verified Signed by: RAM KUMAR SHARMA Signing time: 04/10/2023 5:48:49 PM