Shiv Shankar Saket vs The State Of Madhya Pradesh
2023 Latest Caselaw 17855 MP

                                                                 1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                         CRA No. 3116 of 2023
                                            (SHIV SHANKAR SAKET Vs THE STATE OF MADHYA PRADESH)

                           Dated : 26-10-2023
                                  Shri Manish Awasthi - Advocate for appellant.

                                  Smt. Shakti Tripathi - Panel Lawyer for respondent/State.

Hear d o n I.A. No.11491/2023, t h i s is the first application for suspension of sentence and grant of bail filed under Section 397 of Cr.P.C. on behalf of appellant -Shiv Shankar Saket.

T h e appellant has been convicted vide judgment dated 02/08/2022 passed by Special Judge (Protection of Children from Sexual Offences Act), Sidhi in S.T. No. 53/2018 and appellant No.1 has been found guilty for commission of offence punishable under Section 4 of Protection of Children from Sexual Offences Act, 2012 and under Sections 363 and 366 of IPC and sentenced to undergo RI for 10 years, 3 years and 7 years and to pay fine of Rs.5,000/-, Rs.1,000/- and Rs.2,000/- 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. The appellant has already suffered more than half of custodial sentence. There are fair chances of success of this appeal and 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 revision. Signature Not Verified Signed by: SANTOSH KUMAR TIWARI Signing time: 10/27/2023 11:21:32 AM

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 the appellant has already served 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 - Shiv Shankar Saket 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.50,000/- (Rs. Fifty Thousand only) with one surety in like amount 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

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Signature Not Verified Signed by: SANTOSH KUMAR TIWARI Signing time: 10/27/2023 11:21:32 AM