Ramrao Gourkhede vs The State Of Madhya Pradesh
2023 Latest Caselaw 17149 MP

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 9435 of 2019 (RAMRAO GOURKHEDE Vs THE STATE OF MADHYA PRADESH)

Dated : 13-10-2023 Shri Peeyush Sharma - Advocate for the appellant.

Shri Dinesh Prasad Patel - Deputy Government Advocate for the State.

Heard on I.A No.7104/2023, which is third application under Section 389(1) of Cr.P.C. for suspension of sentence and grant of bail filed on behalf of appellant-Ramrao Gourkhede. First application has been dismissed for want

of prosecution vide order dated 02.03.2022. Second application has been dismissed on merits vide order dated 16.01.2023.

Applicant has been convicted under Section 376(2)(n) and 5(L)/6 of POCSO Act, Section 363 and 366(ka) of IPC and sentenced to undergo RI for 10 years with fine Rs.5000/-; RI for 5 years with fine Rs.1000/- and RI for 07 years with fine Rs.1000/- for respective offences with default stipulation vide judgment dated 13.08.2019 passed in SPL Case No.27/2018 by ASJ, Sausar Distt. Chhindwara. All the sentences are directed to run concurrently.

The core contention of learned counsel for the appellant is that out of 10

years of sentence awarded to the appellant, he has served out about seven years incarceration. It is further submitted that appeal is of the year 2019 and there is no likelihood of appeal being taken up for final hearing. Under such circumstances, sentenced of the appellant may be suspended.

Learned counsel for the State has supported the impugned judgment and opposed the application.

Looking to the period of incarceration as well as other facts and circumstances of the case, as also the fact that appeal is of the year 2019 and Signature Not Verified Signed by: ANAND KRISHNA SEN Signing time: 10/13/2023 5:13:47 PM

there is no likelihood of early hearing of the appeal in near future, however, without touching merits of the matter, appellant is held entitled for suspension of jail sentence and grant of bail.

Accordingly, I.A No.7104/2023 stands allowed and it is directed that the jail sentence of appellant shall remained suspended and he be released on bail on his furnishing a 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 the trial Court subject to verification of factum regarding deposit of fine amount. Appellant is directed to appear before the trial Court first on 18.12.2023 and on other subsequent dates as may be fixed in this behalf.

List for final hearing in due course.

(ROOPESH CHANDRA VARSHNEY) JUDGE

anand

Signature Not Verified Signed by: ANAND KRISHNA SEN Signing time: 10/13/2023 5:13:47 PM