Golu vs The State Of Madhya Pradesh
2024 Latest Caselaw 21113 MP

Madhya Pradesh High Court

Golu vs The State Of Madhya Pradesh on 5 August, 2024

                                                             1                                 CRA-6327-2024
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT INDORE
                                                     CRA No. 6327 of 2024
                                           (GOLU Vs THE STATE OF MADHYA PRADESH AND OTHERS )



                           Dated : 05-08-2024
                                 Ms. Mayuri Jain appearing on behalf of Shri Apoorv Joshi, counsel for

                           appellant.
                                 Ms. Bhagyashree Gupta appearing on behalf of Advocate General.
                                 Shri Ashish Rathore, counsel for the objector.


                                 Heard on admission.

                                 Appeal is admitted for final hearing.

                                    Also heard on I.A.No. 8426/2024 for dispensing with from filing
                           certified copy of the impugned judgment.

                                 On due consideration, I.A. is allowed.

                                    I.A.No. 12601/2024 is the objection filed by the complainant. The
                           same is allowed.

                                 Also heard on I.A.No.8424/2024, I application under Section 389(1) of
                           Cr.P.C. for suspension of remaining jail sentence and grant of bail on behalf
                           to appellant Golu arising out of judgment dated 16.5.2024 delivered in
                           SCATR No.204/2023 by Special Judge, POCSO Act, Dewas.

                                   The appellant stands convicted under Sections 341, 7/8 and 11/12 of
                           POCSO Act and sentenced to undergo 1 month SI with fine of Rs.500/-, 3
                           years RI with fine of Rs.1000/- and 1 year RI with fine of Rs.1000/-
                           respectively with default stipulation.

                                     Learned counsel for the appellant while taking exception to this
                           impugned judgment submits that appellant is an innocent and he has been
                           falsely implicated in this matter. Trial Court has not appreciated the evidence

Signature Not Verified
Signed by: MUKTA
KOUSHAL
Signing time: 05-08-2024
16:42:21
                                                               2                             CRA-6327-2024
                           in its right perspective. There are material contradictions and omissions in
                           the statement of the witnesses. Impugned judgment suffers from surmises
                           and conjectures. It is further submitted that appellant was in jail from
                           11.10.2023 to 23.11.2023 during trial and thereafter from 16.5.2024 he is in
                           jail. It is further submitted that the appeal being of the year 2024 is not likely
                           to be heard finally in near future. There is a strong case in favour of the
                           appellant. Hence, under such circumstances prayer is made for suspension of
                           jail sentence and grant of bail to the appellant, till final disposal of this
                           appeal.

                                     Per contra, learned Public Prosecutor, appearing on behalf of the
                           respondent/State, while supporting the judgment impugned submits that no

exception can be taken in the matter of suspension of sentence and grant of bail, regard being had to the nature and the gravity of offence found proved against the present appellant.

Heard learned counsel for the parties and perused the entire record with due care.

Taking into consideration all the facts and circumstances of the case, the period of custody, coupled with the fact that possibility of final hearing of this appeal in near future is bleak, without expressing any conclusive opinion on merits, I find it to be a fit case to suspend the remaining custodial sentence of the appellant.

Accordingly, I.A.No.8424/2024 is allowed. S ubject to deposit of fine amount, if not already deposited the remaining jail sentence during the pendency of the appeal is hereby suspended and it is directed that appellant be released on bail on his furnishing personal bond in sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of learned trial Court for his appearance before the Registry of this Court on 11/09/2024 and on all such subsequent dates, which are fixed in this regard.

Accordingly, the said IA is disposed off.

3 CRA-6327-2024 Registry is directed to list the matter for final hearing in due course.

Certified copy as per rules.

(BINOD KUMAR DWIVEDI) JUDGE

MK