Kapil Sonkar vs The State Of Madhya Pradesh
2023 Latest Caselaw 17156 MP

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                       CRA No. 10698 of 2022
                                         (KAPIL SONKAR Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                           Dated : 13-10-2023
                                 Shri Anoop Kumar Saxena - Advocate for appellant.

                                 Shri Amit Garg - Panel Lawyer for respondent No.1/State.

None for respondent No.2, even after service of notice.

Heard o n I.A. No.23641 of 2022, which is the first application for suspension of sentence and grant of bail filed under Section 389(1) of Cr.P.C.

on behalf of appellant Kapil Sonkar.

The appellant has been convicted vide judgment dated 27/09/2022 passed by I Additional Sessions Judge, Nawgaon, District Chhatarpur (M.P.) in Special Case No.21/2019 for commission of offence punishable under Sections 342 of the IPC and Section 7/8 of the POCSO Act and sentenced to undergo R.I . for 3 months with fine of Rs.500/- and R.I. for four years with fine of Rs.2,000/- respectively 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. The appellant is in custody since the date of judgment i.e. 27/09/2022. The appellant was on bail during trial and he never misused the liberty granted to him. This appeal is of the year 2022 and there is no likelihood of appeal being taken up for final hearing. Under these circumstances, learned counsel for appellants 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 Signature Not Verified Signed by: ANURAG SONI Signing time: 13-10-2023 17:13:50

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 appellant is in custody since 27/09/2022 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 Kapil Sonkar 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

as

Signature Not Verified Signed by: ANURAG SONI Signing time: 13-10-2023 17:13:50