Madhya Pradesh High Court
Komal Kirar vs The State Of Madhya Pradesh on 21 February, 2024
Author: Sanjeev S Kalgaonkar
Bench: Sanjeev S Kalgaonkar
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 745 of 2024
(KOMAL KIRAR Vs THE STATE OF MADHYA PRADESH)
Dated : 21-02-2024
Shri Ankur Maheshwari- learned counsel for the appellant.
Shri Atul Sharma- learned Panel Lawyer for the respondent-State.
Heard on the question of admission.
Being arguable, the appeal is admitted for final hearing.
Also heard on IA No. 741/2024, first application under Section 389(1)
Cr.P.C. moved on behalf of the appellant Komal Kirar seeking suspension of
sentence and grant of bail.
Appellant stands convicted under Section 354 of the IPC and sentenced
to suffer three years RI with fine of Rs. 1000/-, convicted under Section 7/8 of
the POCSO Act and sentenced to suffer three years RI with fine of Rs 1000/-
with default stipulations vid e judgment of conviction and sentence dated
05/01/2024 passed by Special Judge, (Prevention of children from Sexual
Offence Act, 2012) Jaura, District Morena (M.P.) in Special Sessions Trial
No. 108/2022.
Learned Counsel for appellant submits that learned Trial Court did not
consider the factum of dispute between the parties. No criminal antecedent is
reported against the appellant. Learned Counsel for the appellant also contends
that impugned judgment passed by learned Trial Court is based on assumption,
conjectures and surmises. The learned Trial Court has committed an error in
convicting and sentencing the present appellant without appreciating the
prosecution evidence properly. There are material contractions and omissions in
the evidence of witnesses. Appellant is in jail custody since 14/11/2022. Fine
amount has already been deposited by the appellant. There is no likelihood of
early hearing of appeal in near future. On these grounds, learned Counsel prays
that execution of remaining jail sentence of appellant may be suspended and he
may be enlarged on bail.
Per contra, learned Counsel for respondent State opposed the
application and prayed for its rejection.
Upon hearing learned Counsel for the parties, but without commenting
upon rival contentions touching merits of the case, this Court is of the view that
application deserves to be allowed. It is, accordingly directed that execution of
remaining jail sentence of appellant shall remain suspended during pendency of
this appeal and he shall be enlarged on bail subject to furnishing personal bond
in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent
surety in the like amount to the satisfaction of Trial Court for compliance with
following conditions:-
(1). The appellant shall deposit the amount of fine (if not deposited)
forthwith;
(2). He shall appear before the Trial Court on 02.04.2024 and on such
further dates as may be directed by the Trial Court;
(3). The appellant shall ensure hearing of the appeal on the date fixed
for such hearing and shall also ensure proper legal representation on his/her/their
behalf, on the date notified for hearing.
In case of breach of any of the aforementioned conditions, this order
granting suspension of sentence shall become ineffective.
The Trial Court shall be authroised to grant exemption from attendance
to the appellant on any date, on sufficient cause being shown [Chapter XIII
Rule 42 Sub-Rule 2 of the M.P. High Court Rules, 2008].
Where the appellant does not appear on the date of his appearance
before the Trial Court and no sufficient cause for non-appearance is shown, the
Trial Court shall be authorised to issue non-bailable/bailable warrants to secure
his attendance under intimation to the Registry of High Court. The Trial Court
shall also proceed under Section 446 of CrPC against such appellant and his
surety without any reference to this Court and without any impediment of the
order granting bail. [Chapter XIII Rule 42 Sub-Rule 3 of M.P. High Court
Rules, 2008].
On arrest/surrender in compliance with the warrant, the appellant shall be
forwarded in custody to undergo sentence of imprisonment under intimation to
the Registry of this Court.
Accordingly, I.A. No. 741/2024 stands allowed and disposed of.
List for final hearing in due course.
Certified copy as per rules.
(SANJEEV S KALGAONKAR)
JUDGE
Prachi
