Ravendra Tiwari vs The State Of Madhya Pradesh
2024 Latest Caselaw 4984 MP

Madhya Pradesh High Court

Ravendra Tiwari vs The State Of Madhya Pradesh on 20 February, 2024

Author: Maninder S. Bhatti

Bench: Maninder S. Bhatti

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 900 of 2024 (RAVENDRA TIWARI Vs THE STATE OF MADHYA PRADESH AND OTHERS)

Dated : 20-02-2024 Shri Shubham Kumar Mishra - Advocate for the appellant.

Ms. Shikha Baghel - Panel Lawyer for the State.

The appeal being arguable is admitted for final hearing. Heard on I.A.No.1207/2024, which is the first application under Section 389(1) of the Cr.P.C. filed on behalf of appellant for suspension of sentence

and grant of bail.

T he appellant has been convicted and sentenced as mentioned in the impugned judgment dated 20/12/2023 passed by the Special Judge (POCSO Act), Rewa District Rewa in Special Case No.17/2022 (State of M.P. vs. Ravendra Tiwari).

Learned counsel for the appellant contends that at the time of cross- examination PW-01, PW-02 and PW-03 i.e. the prosecutrix herself, her elder brother as well as her mother respectively, have not supported the prosecution story and they have taken a total contradictory stand. Learned counsel

contends that taking into consideration the testimonies of PW-01, PW-02 and PW-03, the appellant deserves to be enlarged on bail.

Learned counsel for the State has opposed the application for suspension of sentence and grant of bail to the appellant while submitting that the trial Court in para 24 of the judgment, has taken into consideration the testimony of PW- 02, the brother of the prosecutrix.

Considering the overall circumstances and testimonies of PW-01, PW-02 and PW-03, this Court deems it proper to enlarge the appellant on bail. The

I.A. No.1207/2024 is allowed.

I t is directed that the execution of the remaining jail sentence passed against appellant shall remain suspended during pendency of this appeal and he be released on bail subject to depositing fine amount, if not already deposited and upon his furnishing personal bond in the sum of Rs.50,000/- (Rs. fifty thousand only) with one surety in like amount to the satisfaction of the trial Court for his appearance before the trial Court on 06/05/2024 and on such further dates as may be fixed by the trial Court in this regard during the pendency of this appeal.

List the matter for final hearing in due course.

Certified copy as per rules.

(MANINDER S. BHATTI) JUDGE

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