Citation : 2023 Latest Caselaw 14484 MP
Judgement Date : 4 September, 2023
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 10238 of 2023
(SAURABH @ ANKIT SINGH PARIHAR Vs THE STATE OF MADHYA PRADESH AND OTHERS)
Dated : 04-09-2023
Shri Mukesh Kumar Pandey - Advocate for the appellant.
Shri Manoj Singh- Panel Lawyer for the respondent/State.
Heard on I.A.No.19354/2023, an application under Section 389(1) of the Cr.P.C. for suspension of remaining jail sentence and grant of bail to appellant Saurabh @ Ankit Singh Parihar, arising out of judgment dated
14.07.2023 delivered in S.C.ATR No.100/2019 by learned Exclusive Special Judge, POCSO Act, 2012, Katni District-Katni.
T h e appellant has been convicted under Section 354 of IPC and sentenced to undergo R.I. for one year with fine of Rs.2,000/-(Deposited), Section 3(1)(w)(i) of SC/ST of Prevention of Atrocities Act, 1989 and sentenced to undergo R.I. for one year with fine of Rs.1,000/- (Deposited) and Section 3(2)(v-a) of SC/ST prevention of Atrocities Act, 1989 and sentenced to undergo RI for one year with fine of Rs. 2,000/- (Deposited) with default stipulations.
Learned counsel for the appellant submits that Trial Court has suspended the sentence of the appellant till 14.09.2023. Final hearing of this appeal is not possible in near future. Thus, it is prayed that remaining jail sentence of the appellant may be suspended.
The prayer is opposed by learned Panel Lawyer for the State. Considering the short sentence coupled with the fact that final hearing of this appeal is not possible in near future, I deem it proper to suspend the remaining jail sentence of the appellant. Signature Not Verified Signed by: VAISHALI AGRAWAL Signing time: 9/5/2023 10:01:54 AM
Accordingly, aforesaid I.A. is allowed. Subject to depositing the fine amount, if not already deposited, the remaining jail sentence of the appellant- Saurabh @ Ankit Singh Parihar, is hereby suspended and it is directed that the appellant be released on bail on his furnishing a personal bond for a sum of Rs.30,000/- (Rupees thirty thousand only) with one solvent surety of the like amount to the satisfaction of the trial court with a further direction to appear before the trial court Katni, District-Katni on 06.11.2023 and also on such other dates, as may be fixed by the trial court in this regard during the pendency of this appeal.
List the matter for final hearing in due course.
Certified copy as per rules.
(ACHAL KUMAR PALIWAL) JUDGE
vai
Signature Not Verified Signed by: VAISHALI AGRAWAL Signing time: 9/5/2023 10:01:54 AM
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