Dinesh Bansal vs The State Of Madhya Pradesh
2024 Latest Caselaw 6250 MP

Madhya Pradesh High Court

Dinesh Bansal vs The State Of Madhya Pradesh on 29 February, 2024

Author: Achal Kumar Paliwal

Bench: Achal Kumar Paliwal

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 1307 of 2023 (DINESH BANSAL Vs THE STATE OF MADHYA PRADESH AND OTHERS)

Dated : 29-02-2024 Shri Basant Raj Pandey - Advocate for the appellant.

Miss Nalini Gurung, learned P.L. for the State.

Heard on I.A. No. 1794 of 2024, an application under Section 389 (1) of the Cr.P.C for suspension of sentence and grant of bail to appellant arising out of judgment dated 12.01.2023 delivered in S.T. No.84/2020 passed by

Special Judge, POCSO Act, Sidhi.

Appellant has been convicted under Section 354 of IPC read with section 9/10 of POCSO Act, 2012 and has been sentenced to undergo RI for five years with fine of Rs.1000/- with default stipulation.

Learned counsel for the appellant submits that trial Court has wrongly convicted and sentenced the appellant under the aforesaid offence. There is no evidence against the appellant and he has been in custody since the date of judgment of trial Court i.e. 12.01.2023 and during trial, appellant was also in custody from 25.05.2020 to 29.5.2020 and final hearing of this appeal is not

possible in near future, therefore, it has been prayed that the jail sentence of the appellant be suspended.

Learned Government Counsel for the State opposed the prayer on the basis of objection.

Hence in view of overall evidence on record and looking to the custody period of appellant and early hearing of this appeal is not possible in near future, I deem it proper to suspend the remaining jail sentence of this appellants.

Accordingly, I.A. No. 1749 of 2024 is allowed.

Subject to depositing the fine amount (if not already deposited), the remaining jail sentence of this appellant is hereby suspended and it is directed that the appellant be released on bail on his furnishing a personal bond for a sum of Rs.25,000/- (Rupees Twenty Five 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, Sidhi on 29.04.2024 and also on such further dates as may be fixed by the trial Court in this regard during the pendency of this appeal.

Certified copy as per rules.

(ACHAL KUMAR PALIWAL) JUDGE

Hashmi