Hitendra Kumar vs The State Of Madhya Pradesh
2024 Latest Caselaw 21600 MP

Madhya Pradesh High Court

Hitendra Kumar vs The State Of Madhya Pradesh on 8 August, 2024

Author: Dinesh Kumar Paliwal

Bench: Dinesh Kumar Paliwal

                                                              1                                CRA-11204-2023
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                      CRA No. 11204 of 2023
                                       (HITENDRA KUMAR Vs THE STATE OF MADHYA PRADESH AND OTHERS )



                         Dated : 08-08-2024
                              Shri Chitransh Shrivastava, counsel for the appellant.
                              Shri N.S.Solanki, P.L. for respondent/State.

Trial Court record has been received.

Heard on admission.

Trial Court record perused.

Prima-facie, this appeal seems to be arguable. Hence, admitted for final hearing.

Heard on I.A.No.16615 of 2024, third application under Section 389(1) of Cr.P.C for suspension of jail sentence and grant of bail to the appellant pending the appeal.

Appellant has been convicted for commission of offence under Sections 354-A and 509 of IPC and Section 11(i)/12 of POCSO Act and has been sentenced to RI for 03-03 years respectively and fine of Rs.2000-2000/- with default stipulation vide judgment dated 17.08.2023 passed in Special Case No.82/2019 (State of M.P. vs. Hitendra Kumar) by Special Judge, POCSO Act, Betul (M.P.).

Learned counsel for the appellant has submitted that appellant has been erroneously convicted by the learned trial Court. Earlier he was released on bail by the trial Court and even after conviction, he was released on bail till 29.09.2023. Thereafter, this Court vide its orders dated 25.09.2023,06,11,23,24,11,23, has extended the bail. Subsequent to order dated 14.05.2024, appellant had surrendered himself before the trial court on

2 CRA-11204-2023 27.06.2024. He has fair chance to succeed in appeal. There is no possibility of coming of this appeal for hearing in near future. Therefore, if the jail sentence is not suspended, the purpose of filing this appeal would become futile.

On the other hand, learned Panel Lawyer for the respondent/State has opposed the prayer for grant of bail to the appellant.

Having taken into consideration the short nature of sentence and other material available on record, I deem it proper to suspend the remaining jail sentence of the appellant, pending the appeal.

Consequently, I.A.No.16615 of 2024 is allowed . The execution of jail sentence of appellant Hitendra Kumar is hereby suspended subject to depositing the fine amount, if not already deposited. It is directed that the appellant be released on bail on his furnishing a personal bond to a sum of Rs.50,000/- (Rupees Fifty 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 on 27.11.2024 and also on such other dates, as may be fixed by that Court in this regard during the pendency of this appeal. List for final hearing in due course.

Certified copy as per rules.

(DINESH KUMAR PALIWAL) JUDGE

MKL