Abhishek Sahu vs The State Of Madhya Pradesh
2023 Latest Caselaw 17900 MP

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 4836 of 2022 (ABHISHEK SAHU Vs THE STATE OF MADHYA PRADESH)

Dated : 27-10-2023 Shri Manish Datt - Senior Advocate with Shri S.H. Saify - Advocate for

appellant.

Ms. Seema Jaiswal - Panel Lawyer for State.

Heard on I.A.No.12005/2023, which is first application for suspension of sentence and grant of bail filed on behalf of appellant.

The appellant has been convicted for offence punishable under Section 3/4 of POCSO Act, 2012 and sentenced to undergo R.I. for 10 years and fine of Rs.10,000/-, with default stipulation.

Learned counsel for the appellant submits that the appellant is innocent and has falsely been implicated in the matter. He also submits that the trial Court has not properly appreciated the oral and documentary evidence available on record and committed error in convicting the appellant for aforesaid offence. Appellant is in custody and appeal would take considerable time to conclude. He is ready to furnish adequate surety and shall abide by the directions and

conditions, which may be imposed by this Court. Hence, it is prayed that the application for suspension of sentence may be considered.

On the other hand, learned counsel for the State has opposed the application and prayed for its rejection.

Heard counsel for the parties and perused the record. Having heard the arguments and on perusal of the record, this Court is of the considered opinion that till disposal of this appeal, execution of jail sentence awarded to the appellant under the impugned judgment deserves to be Signature Not Verified Signed by: NITESH PANDEY Signing time: 10/28/2023 1:21:36 PM

suspended. Therefore, without commenting on the merit of the case, this application is allowed.

I t is directed that subject to depositing the fine amount, if not already deposited, and on furnishing a personal bond in a sum of Rs.50,000/- (Rupees Fifty Thousand only) with one surety in the like amount to the satisfaction of the trial Court concerned, the custodial sentence of the appellant shall remain suspended and he shall be released on bail for securing his presence before the trial Court concerned on 22.12.2023 and on such other dates as may be fixed in this regard during pendency of this appeal.

Accordingly, the aforesaid I.A. stands allowed and disposed of.

List this case for final hearing in due course.

(ANURADHA SHUKLA) JUDGE

Nitesh

Signature Not Verified Signed by: NITESH PANDEY Signing time: 10/28/2023 1:21:36 PM