Madhya Pradesh High Court
Mithai Lal vs The State Of Madhya Pradesh on 31 October, 2023
Author: Roopesh Chandra Varshney
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 1596 of 2023
(MITHAI LAL Vs THE STATE OF MADHYA PRADESH AND OTHERS)
Dated : 31-10-2023
Shri J.L. Soni - Advocate for appellant.
Shri Shailendra Mishra - Panel Lawyer for respondent/State.
Heard on admission.
Appeal seems to be arguable, hence it is admitted for final hearing.
Also heard on IA No.2161 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. Appellant is in jail.
Appellant stood convicted under Sections 366 and 366-A of the IPC and
Section 10 of Prohibition of Child Marriage Act, 2006 and sentenced to suffer
R.I. for 5 years, R.I. for 5 years and R.I. for 2 years with fine of Rs.2000/-,
Rs.2000/- and Rs.5000/- with default stipulations respectively vide judgment of
conviction and order of sentence dated 29.12.2022 passed by Thrid Additional
Sessions District Judge/Special Judge (POCSO Act), District Sagar in
S.C.No.SC/223/2021.
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.
Appellant is in jail. 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,
Signature Not Verified
Signed by: DHEERAJ
PRATAP SINGH
Signing time: 01-Nov-23
11:16:45 AM
supported the judgment impugned. He contends that judgment impugned is
passed upon proper evaluation of evidence placed on record, so the sentence
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.2161 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 i s directed to appear before the trial Court first on
18/12/2023 and on other subsequent dates as may be fixed in this behalf.
Accordingly, I.A. No.2161 of 2023 stands allowed and disposed of.
Certified copy as per rules.
(ROOPESH CHANDRA VARSHNEY)
JUDGE
DPS
Signature Not Verified
Signed by: DHEERAJ
PRATAP SINGH
Signing time: 01-Nov-23
11:16:45 AM
