Ramkrishna Keer vs The State Of Madhya Pradesh
2023 Latest Caselaw 17150 MP

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                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                        CRA No. 2487 of 2020
                                             (RAMKRISHNA KEER Vs THE STATE OF MADHYA PRADESH)

                           Dated : 13-10-2023
                                 Shri Sanjeev Kumar Tiwari - Advocate for appellant.

                                 Ms. Shanti Tiwari - Panel Lawyer for respondent/State.

Record of court below has already been received. Also heard o n I.A. No.4273/2023, this is the second application for suspension of sentence and grant of bail filed under Section 389(1) of Cr.P.C.

on behalf of appellant - Ramkrishna Keer. First application was dismissed as withdrawn vide order dated 28.07.2022.

The appellant has been convicted vide judgment dated 30.12.2019 passed by IIIrd Additional Sessions Judge/Special Judge (POCSO Act), District- Harda in S.T. No. 86/2018 for commission of offence punishable under Sections 376(2)(n), 450 & 506 Part-2 of IPC and sentenced to undergo R I for 10 years and to pay fine of Rs.1000/- and sentenced to undergo RI for 5 years and to pay fine of Rs.500/- and sentenced to undergo RI for 2 years and to pay fine of Rs.500/-, 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 is in jail. There are fair chances of success of this appeal and final hearing of same will take considerable time, 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. Signature Not Verified Signed by: SARSWATI MEHRA Signing time: 10/13/2023 5:19:03 PM

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 is in jail 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 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 their furnishing personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand only) with one

separate 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 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: 10/13/2023 5:19:03 PM