Sitaram vs The State Of M.P
2023 Latest Caselaw 16885 MP

                                                                1
                                          IN THE HIGH COURT OF MADHYA PRADESH
                                                       AT JABALPUR
                                                        CRA No. 4177 of 2021
                                                        (SITARAM Vs THE STATE OF M.P)

                           Dated : 11-10-2023
                                 Shri Aditya Vyas - Advocate for the appellant.

                                 Shri Akhilendra Singh - Government Advocate for the respondent/State.

Shri Akhilendra Singh -Government Advocate adopts his previous objection.

This appeal has already been admitted.

Heard on I.A.No.21373 of 2023, which is the second application under Section 389 (1) of the Cr.P.C. for suspension of custodial sentence passed against appellant and release his on bail. First application was dismissed as withdrawn vide order dated 13.01.2022.

The appellant has been convicted vide judgment dated 07.7.2021 passed b y Additional Sessions Judge, Deori, District Sagar in Special Session Case No.80/2020 for the offence punishable under Section 6 of POCSO and Section 450 of IPC and sentenced his to undergo RI for 10 years with fine of Rs.5,000/- and sentenced his to undergo RI for 3 years with fine of Rs.1000/-,

respectively with default stipulations.

Learned counsel for the appellant submitted that the appellant is in jail from date of order impugned. Learned trial Court has wrongly convicted the appellant for the aforesaid offence, hence he has prayed 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 Government Advocate for the respondent/State has opposed the prayer and prayed for dismissal of the above application.

Signature Not Verified Signed by: SARSWATI MEHRA Signing time: 10/12/2023 10:11:34 AM

Looking to the facts and circumstances of the case, contention of learned counsel for the appellant, the short sentence of the appellant and the applicant is in jail from date of order impugned and according to listing policy the hearing of this appeal will take time, application i.e. IA No.21373 of 2023 is allowed and it is directed that the execution of the remaining jail sentence passed against appellant Sitaram shall remain suspended during the pendency of this appeal and she be released on bail subject to depositing fine amount, if already not deposited and upon her 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 her appearance before the trial Court on 20/12/2023 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

sm

Signature Not Verified Signed by: SARSWATI MEHRA Signing time: 10/12/2023 10:11:34 AM