Ashok Choudhary @ Nan Babu vs The State Of Madhya Pradesh
2023 Latest Caselaw 17407 MP

                                                              1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                     CRA No. 12950 of 2023
                                      (ASHOK CHOUDHARY @ NAN BABU Vs THE STATE OF MADHYA PRADESH)

                           Dated : 17-10-2023
                                 Shri B.K. Mishra - Advocate for appellant.

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

Heard on admission.

Appeal seems to be arguable, hence, admitted for final hearing. Also heard on IA No.24352 of 2023, which is the first application under

Section 389(1) of the Cr.P.C. for suspension of sentence and grant of bail moved on behalf of appellant-Ashok Choudhary alias Nan Babu.

Appellant stood convicted under Section 363/34 and 366/34 of IPC and sentenced to suffer R.I. for 02 years and 3 years with fine of Rs.1000/- and Rs. 1000/- respectively with default stipulations vide judgment of conviction and order of sentence dated 27.09.2023 passed by Special Judge (POCSO), Shahdol, District Shahdol in ST No.66 of 2020.

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. It is further submitted that appeal is of the year 2023 and there is no likelihood of appeal being taken up for final hearing. Under such circumstances, sentence of the appellant may be suspended.

Learned counsel for the State has opposed the application. Considering overall facts and circumstances of the case and the fact that appeal is of the year 2023 and there is no likelihood of early hearing of the appeal in near future, however, without touching merits of the matter, appellant Signature Not Verified Signed by: KUNDAN SHARMA Signing time: 10/18/2023 11:05:36 AM

is held entitled for suspension of jail sentence and grant of bail.

Accordingly, IA No.24352 of 2023 stands allowed and it is directed that the jail sentence of appellant shall remain suspended and he be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand) with one separate 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 concerned 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

kundan

Signature Not Verified Signed by: KUNDAN SHARMA Signing time: 10/18/2023 11:05:36 AM