Narayandas Patel vs The State Of Madhya Pradesh
2023 Latest Caselaw 17854 MP

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                                          IN THE HIGH COURT OF MADHYA PRADESH
                                                       AT JABALPUR
                                                          CRA No. 12801 of 2023
                                          (NARAYANDAS PATEL Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                           Dated : 26-10-2023
                                 Shri B.J. Chourasiya- Advocate for appellant.

                                 Shri Ravindra Rajput- Panel Lawyer for the respondent/State.

Heard on IA No. 24038 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. Jail sentence of appellant has already been

suspended till 29.10.2023.

Appellant stood convicted under Section 7/8 of the POCSO Act and sentenced to suffer R.I. for 3 years with fine of Rs.10,000/- with default stipulations vide judgment of conviction and order of sentence dated 30.09.2023 passed by 4th Additional Sessions Judge,/ Special Judge (POCSO Act) Chhatarpur in S.T. No.131 of 2021.

Learned counsel for the appellant while seeking suspension of sentence inter alia submitted that the trial Court without appreciating the evidence wrongly convicted the appellant for the aforesaid offences. There are several

omissions and contradictions in the evidence adduced by the prosecution. It is also submitted that the appellant is already on bail till 29.10.2023. Appeal is of the year 2023 and there is no likelihood of appeal being taken up for final hearing. Under such circumstances, application of appellant for suspension of sentence and grant of bail may be considered.

P e r contra, learned counsel for State while opposing the prayer, supported the judgment impugned. He contends that judgment impugned is passed upon proper evaluation of evidence placed on record, so the sentence Signature Not Verified Signed by: ARVIND KUMAR MISHRA Signing time: 10/27/2023 10:35:27 AM

of the appellant should not be suspended.

Upon hearing learned counsel for the parties though this Court refrain from commenting upon rival contentions touching merits of the matter and the appeal is of the year 2023 and there is no likelihood early hearing of the appeal in near future, in the obtaining facts and circumstances, present appellant is held entitled for suspension of jail sentence and grant of bail.

Accordingly, IA No. 24038 of 2023 stands allowed and it is directed that the jail sentence of appellant shall remained suspended and he be released on bail on his furnishing a 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 the trial Court subject to verification of factum regarding deposit of fine amount. Appellant is directed to appear before the trial Court first on 20/12/2023 and on other subsequent dates as may be fixed in this behalf.

Record of the trial court be requisitioned. List immediately after receipt of the record for admission. Certified copy as per rules.

(ROOPESH CHANDRA VARSHNEY) JUDGE MISHRA

Signature Not Verified Signed by: ARVIND KUMAR MISHRA Signing time: 10/27/2023 10:35:27 AM