Mahesh Prasad Awasthy vs The State Of Madhya Pradesh
2023 Latest Caselaw 17547 MP

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                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                       CRA No. 5933 of 2020
                                          (MAHESH PRASAD AWASTHY Vs THE STATE OF MADHYA PRADESH)

                           Dated : 19-10-2023
                                  Shri Prasanna Namdeo - Advocate for appellant.

                                  Mrs. Seema Pandey - Panel Lawyer for respondent/State.

Heard on the question of admission.

Appeal is admitted for final hearing.

Also heard on I.A. No.24493/2023, this is repeat (fourth) application for

suspension of sentence and grant of bail filed under Section 389(1) of Cr.P.C. on behalf of appellant-Mahesh Prasad Awasthy.

Earlier applications moved by appellant have already been dismissed as withdrawn, for want of prosecution and on merits.

The appellant has been convicted vide judgment dated 10/11/2020 passed by 18th Additional Sessions Judge/ Special Judge (POCSO Act, 2012), Bhopal in S.T. No. 953/2018 and appellant has been found guilty for commission of offence punishable under Sections 376(2)(Ga), 377 (on three counts), 374 ( on four counts) and 323 (on four counts) and sentenced t o undergo RI for 10

years, 10 years, one year and one year and to pay fine of Rs.1,00,000/-, Rs. 1,35,000/-, Rs.4,000/- and Rs.4,000/- for each offence 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. It is also submitted that the appellant has already suffered more than half of custodial sentence awarded to him. There are fair chances of success of this appeal and Signature Not Verified Signed by: SANTOSH KUMAR TIWARI Signing time: 10/20/2023 10:21:39 AM

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.

O n the other hand, learned Panel Lawyer has opposed the contention rais ed by learned counsel for appellant and prays for rejection of said application.

Looking to the facts and circumstances of the case, contention of learned counsel for the appellant and the fact that appellant has already completed more

than half of custodial sentence 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- Mahesh Prasad Awasthy shall remain suspended during the pendency of this appeal and he be released on bail subject to depositing entire fine amount, if already not deposited and upon his furnishing personal bond in the sum of Rs.2,0,000/- (Rs. Two Lacs only) with two solvent sureties each in the like amount of Rs.1,00,000/- (Rs. One Lac) to the satisfaction of the trial Court for his appearance before the trial Court on 22/12/2023 and on such further dates as may be fixed by trial Court it in this regard during the pendency of this appeal.

List the appeal for final hearing in due course. Certified copy as per rules

(ROOPESH CHANDRA VARSHNEY) JUDGE

Signature Not Verified Signed by: SANTOSH KUMAR TIWARI Signing time: 10/20/2023 10:21:39 AM

skt

Signature Not Verified Signed by: SANTOSH KUMAR TIWARI Signing time: 10/20/2023 10:21:39 AM