Prahalad vs The State Of Madhya Pradesh
2023 Latest Caselaw 16904 MP

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                                         IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT GWALIOR
                                                         CRA No. 11124 of 2023
                                             (PRAHALAD Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                            Dated : 11-10-2023
                                   Shri Kiran Kumar, learned counsel for the appellant.

                                   Shri R.K. Awasthi, learned Public Prosecutor for the State.
                                   Heard on the question of admission.
                                   Being arguable, the appeal is admitted for final hearing.
                                   Heard on IA No.16091/2023, first application under Section 389(1)
                            Cr.P.C. moved on behalf of the appellant seeking suspension of sentence and

                            grant of bail.
                                   Appellant stands convicted under Section 3(1)(w)(i) of SC/ST Act and
                            sentenced to undergo two years' RI with fine of Rs500/-, under Section 3(2)(v-
                            A) of SC/ST Act and sentenced to undergo three years' RI with fine of Rs.
                            2,000/-, Section 8 of POCSO Act and sentenced to undergo three years' RI
                            with fine of Rs5,000/-, Section 506 (Part-I) of IPC and sentenced to undergo
                            six months' RI with fine of Rs500/- and Section 354 of IPC, with default
                            stipulations vide judgment of conviction and sentence dated 21.08.2023 passed
                            by Special Judge, POCSO Act District Bhind Gwalior (M.P.) in SC ATR

                            No.98 of 2022.
                                   Learned Counsel for 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. The
                            appellant was on bail during trial and he did not misuse the liberty so granted to
Signature Not Verified
Signed by: VIJAY TRIPATHI
Signing time: 12-10-2023
01:04:39 PM
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                            him. Fine amount has already been deposited by the appellant. The jail sentence
                            of appellant was already suspended by learned Trial Court, under Section
                            389(3) of the Cr.P.C. 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 opposed the

application and prayed for its rejection.

Upon hearing learned Counsel for the parties but without commenting upon rival contentions touching merits of the case, this Court is of the view that application deserves to be allowed. It is, accordingly directed that execution of

remaining jail sentence of 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 01.12.2023 and on further dates as may be directed by the Registry in that regard.

Accordingly, I.A. No.16091/2023 stands allowed and disposed of. List the matter for final hearing in due course. Certified copy as per rules

(SANJEEV S KALGAONKAR) JUDGE

Vijay

Signature Not Verified Signed by: VIJAY TRIPATHI Signing time: 12-10-2023 01:04:39 PM