Ashok Kumar Lodhi vs The State Of Madhya Pradesh
2023 Latest Caselaw 16892 MP

                                                              1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                         CRA No. 5543 of 2023
                                      (ASHOK KUMAR LODHI Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                           Dated : 11-10-2023
                                 Shri C.B. Tiwari - Advocate for appellant.

                                 Ms. Tulsa Kostha - Panel Lawyer for respondent No.1/State.

None for complainant/respondent No.2, even though served.

Heard on the question of admission.

Admit.

Also heard on I.A. No.17896/2023, which 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-Ashok Kumar Lodhi.

Earlier application for suspension of sentence and grant of bail moved by appellant has been dismissed being not maintainable by this Court, vide order dated 02/05/2023.

The appellant has been convicted vide judgment dated 16/02/2023 passed b y Special Judge (Protection of Children from Sexual Offences Act, 2012), Panna in Special Case (ATR) No. 32/2018 for commission of offence

punishable under Sections 294 and 325 of IPC and sentenced to undergo RI for 1 month and RI for 1 year respectively and to pay fine of Rs.1,000/- 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. Appellant has already suffered more than 8 months custodial sentence. There are fair chances of success of this appeal and final hearing of same will take considerable time, Signature Not Verified Signed by: SANTOSH KUMAR TIWARI Signing time: 10/12/2023 10:25:14 AM

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 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 appellant has already suffered more than 8 months 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 Ashok Kumar Lodhi shall remain suspended during the pendency of this appeal and he be released on bail subject to depositing 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 surety in like amount to the satisfaction of the trial Court for his 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

skt

Signature Not Verified Signed by: SANTOSH KUMAR TIWARI Signing time: 10/12/2023 10:25:14 AM