Ramesh Parteti vs The State Of Madhya Pradesh
2024 Latest Caselaw 21020 MP

Madhya Pradesh High Court

Ramesh Parteti vs The State Of Madhya Pradesh on 2 August, 2024

Author: Anuradha Shukla

Bench: Anuradha Shukla

                                                             1                                CRA-15029-2023
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                    CRA No. 15029 of 2023
                                           (RAMESH PARTETI Vs THE STATE OF MADHYA PRADESH )



                         Dated : 02-08-2024
                               Shri Prakhar Naveriya - Advocate for appellant.
                               Ms. Priyanka Mishra - Panel Lawyer for respondent/State.

Heard on I.A No.28259/2023 , which is the first application under Section 389(1) of Cr.P.C for suspension of sentence and grant of bail moved on behalf of the appellant.

The appellant has been convicted under Section 354 and 354B of IPC and sentenced to undergo RI for 3 years with fine of Rs.1,000/- ;he has also been convicted under Section 9m/10 of the POCSO Act and sentenced to 5 year R.I. with fine of Rs.1,000/- with default stipulations.

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 the 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 prays for its rejection.

2 CRA-15029-2023 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 sentences awarded to the appellant under the impugned judgment deserves to be suspended. Therefore, without commenting on the merit of the case, this application is allowed.

It 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 each 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 11.11.2024 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 for final hearing in due course .

(ANURADHA SHUKLA) JUDGE

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