Mithilesh Kuma R@ Dadva Pandey vs The State Of Madhya Pradesh
2023 Latest Caselaw 17494 MP

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                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                       CRA No. 12601 of 2023
                                     (MITHILESH KUMA R@ DADVA PANDEY Vs THE STATE OF MADHYA PRADESH)

                           Dated : 18-10-2023
                                 Shri Paritosh Trivedi - Advocate for the appellant.

                                 Shri Ajay Tamrakar - Panel Lawyer for the respondent/State.

Notice about intimation of pendency of this appeal has been issued to the victim/complainant.

Heard on admission.

Admit.

Let record of the Court below be requisitioned. Also heard on I.A.No.23642/2023, which is the first application under Section 389 (1) of the Cr.P.C. for suspension of custodial sentence passed against appellant and release him on bail.

The appellant has been convicted vide judgment dated 23/09/2023 passed b y Additional Sessions Judge & Special Judge, Sirmour, District Rewa in Special S.T. No.7/2021 for the offence punishable under Sections 323 (two count), 354-A of the IPC and Section 7/8 of the POCSO Act and sentenced

him to undergo R.I. three months with fine of Rs.100/- (on each count), R.I. for three years with fine of Rs.200/- and R.I. for three years with fine of Rs.100/- respectively with default stipulations.

Learned counsel for the appellant submitted that the trial Court has already suspended the jail sentence of the appellant till 22/10/2023. Learned trial Court has wrongly convicted the appellant for the aforesaid offence. There are several omissions and contradictions in the evidence adduced by the prosecution witnesses, hence he has prayed for suspension of jail sentence and Signature Not Verified Signed by: ANURAG SONI Signing time: 19-10-2023 10:10:45

release the appellant on bail till final disposal of the appeal.

On the other hand, learned counsel for the respondent/State 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 trial Court has already suspended the jail sentence of the appellant till 22/10/2023 and according to listing policy the hearing of this appeal will take time, 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 his furnishing personal bond in the sum of Rs.25,000/- (Rs. twenty five 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: 19-10-2023 10:10:45