Ghasiram vs The State Of Madhya Pradesh
2024 Latest Caselaw 3473 MP

Madhya Pradesh High Court

Ghasiram vs The State Of Madhya Pradesh on 6 February, 2024

Author: Sunita Yadav

Bench: Sunita Yadav

                                                             1
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT GWALIOR
                                                      CRA No. 15992 of 2023
                                              (GHASIRAM Vs THE STATE OF MADHYA PRADESH)

                         Dated : 06-02-2024
                               Mr. S.K.S. Jadoun, Advocate for the appellant.

                               Mr. Rohit Shrivastava, Panel Lawyer for the respondent - State.

The appeal being arguable is admitted for final hearing. Heard on I.A.No. 23650 of 2023, first application under Section 389(1) of Cr.P.C. for suspension of sentence and grant of bail to the appellant.

The appeal has been preferred by the appellant under Section 374 (2) of

the Cr.P.C. against the impugned judgment of conviction and sentence dated 01.12.2023 passed by Third Additional Judge to the Court of First Additional Sessions Judge, Ashoknagar (M.P.) in Sessions Trial No. 70/2021 whereby appellant has been convicted and sentenced under Section 377 of IPC to undergo rigorous imprisonment of three years with fine of Rs.200/- and under Section 11 (d) of Prevention of Cruelty to Animals Act, 1960 to fine of Rs.50/-, with default stipulations.

Learned counsel for the appellant submits that the Court below has wrongly convicted the appellant without appreciating the materials available on

record. Eye-witnesses have also not supported the case of the prosecution and turned hostile. It is further argued that appellant has already served 53 days of incarceration out of the total jail sentence awarded. The appeal is likely to take long time to come up for final hearing and the appellant has hope and believe that he would succeed. Hence, he prayed to suspend the jail sentence and grant of bail to appellant looking to the short period of jail sentence.

On the other hand, learned State counsel opposed the application and

prayed for rejection of the same.

Considering the arguments advanced by learned counsel for the parties, without commenting on merits of the case, application (I.A. No. 23650 of 2023) is allowed and it is directed that subject to depositing of fine amount, if not already deposited, and on furnishing a personal bond 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 suspended and he be released on bail. He is further directed to mark his presence before the Registry of this Court on 28.5.2024 and on subsequent dates as may be given in this regard.

List the case in due course.

A copy of this order be sent to the concerned Court below for compliance.

Certified copy/ e-copy as per rules/directions.

(SUNITA YADAV) JUDGE

AKS