Bhure Sakhwar vs The State Of Madhya Pradesh
2023 Latest Caselaw 17632 MP

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT GWALIOR
                                                         CRA No. 12898 of 2023
                                             (BHURE SAKHWAR Vs THE STATE OF MADHYA PRADESH)

                           Dated : 20-10-2023
                                 Shri B.S. Gaur - learned counsel for the appellant.

                                 Shri Kuldeep Singh - learned Public Prosecutor for the respondent-State.

Heard on the question of admission.

Being arguable, the appeal is admitted for final hearing. Also heard on IA No. 18826/2023, first application under Section 389(1) Cr. P.C. moved on behalf of the appellant seeking suspension of

sentence and grant of bail.

Appellant stand convicted under Section 457 of the IPC and sentenced to undergo two years RI with fine of Rs. 1000/-, convicted under Section 354 of the IPC and sentenced to undergo two years RI with fine of Rs. 2000/-, convicted under Section 354(a)(1)(i) of the IPC and sentenced to undergo two years RI with fine of Rs. 2000/- and convicted under Section 7 read with 8 of the POCSO Act and sentenced to undergo three years RI with fine of Rs. 5000/- with default stipulation vide judgment of conviction and sentence dated 25/09/2023 passed by Special Judge (Prevention of Children from Sexual

Offence Act) Mehgaon, District Bhind (M.P.) in Special Sessions Trial No.39/2020.

Learned Counsel for appellant submits that the learned Trial Court has committed an error in convicting and sentencing the present appellant without appreciating the prosecution evidence properly. There are material contractions and omissions in the evidence of witnesses. The appellant was on bail during trial and he did not misuse the liberty so granted to him. Fine amount has Signature Not Verified Signed by: PRACHI MISHRA Signing time: 10/20/2023 6:15:31 PM

already been deposited by the appellant. The jail sentences of appellant was suspended by learned trial Court, under Section 389(3) of the Cr.P.C. There is no likelihood of hearing of appeal in near future. On these grounds, learned Counsel prays that execution of remaining jail sentence of appellant may be suspended and he may be enlarged on bail.

Per contra, learned Counsel for respondent State opposed the application.

Upon hearing learned Counsel for the parties but without commenting upon rival contentions touching merits of the case, this Court is of the view that application deserves to be allowed. It is, accordingly directed that execution of

remaining jail sentence of appellant shall remain suspended during pendency of this appeal and he shall be enlarged on bail subject to furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of Trial Court and also subject to deposit of the fine amount (if not already deposited) for his appearance before the Registry of this Court on 01/12/2023 and on further dates as may be directed by the Registry in that regard.

Accordingly, I.A. No.18826/2023 stands allowed and disposed of. List for final hearing in due course.

Certified copy as per rules.

(SANJEEV S KALGAONKAR) JUDGE

Prachi

Signature Not Verified Signed by: PRACHI MISHRA Signing time: 10/20/2023 6:15:31 PM