Vishal Goyal vs The State Of Madhya Pradesh
2024 Latest Caselaw 3050 MP

Madhya Pradesh High Court

Vishal Goyal vs The State Of Madhya Pradesh on 1 February, 2024

Author: Sunita Yadav

Bench: Sunita Yadav

IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR CRA No. 1595 of 2024 (VISHAL GOYAL Vs THE STATE OF MADHYA PRADESH)

Dated : 01-02-2024 Shri Akhlesh Kumar Gupta, learned counsel for the Petitioner .

Shri Ramadhar Choubey appearing on behalf of Advocate General. Heard on the question of admission;

Record of the court below be called for.

Also heard on I.A.No. 2150 of 2024, first application under Section 389(1) of Cr.P.C. for suspension of sentence and grant of bail to the appellant

with an alternative prayer for grant of temporary bail as record has not been received.

This Criminal Appeal assails the judgment dated 23.01.2024 passed by 11th Additional Sessions Judge/Special Judge, POCSO Act, Gwalior in ST No. 295/2022, whereby, appellant has been convicted and sentenced under Sections 354 (d) of IPC to undergo rigorous imprisonment for three months with fine of Rs.1000/- with default stipulation.

Learned counsel for the appellant submits that the trial Court has wrongly convicted the appellant without appreciating the evidence available on record.

There are material omissions and contradictions in the statement of the prosecution witnesses. The appellant was on bail during trial and never misused the liberty so granted to him He further submits that the trial Court has already suspended the jail sentence of the appellants for a period of one month from the date of judgment i.e. 23.1.2024. The appeal is likely to take long time to conclude. Hence, he prayed to suspend the jail sentence and grant of bail to appellant.

Counsel for the State vehemently opposed the application and prayed for its rejection.

Heard learned counsel for the parties and perused the materials available on record.

Considering the arguments advanced by learned counsel for the parties, without commenting on merits of the case, it is directed that subject to depositing of fine amount, if not already deposited, and on furnishing personal bond by appellant in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety of the like amount to the satisfaction of the concerned trial Court, the remaining jail sentence of the appellant shall remain temporarily

suspended and he be released on bail for a period of two (2) months from the date of this order.

The appellant is directed to surrender before the concerned trial Court immediately after lapse of interim bail period of two months and file relevant documents with regard to surrender before the Registry of this Court.

Trial Court is directed to intimate this Court regarding surrender of appellant.

List this matter on 22/02/2024.

E-copy/Certified copy as per rules.

(SUNITA YADAV) JUDGE

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