Ganga Prasad vs The State Of Madhya Pradesh
2024 Latest Caselaw 16631 MP

Madhya Pradesh High Court

Ganga Prasad vs The State Of Madhya Pradesh on 14 June, 2024

Author: Amar Nath Kesharwani

Bench: Amar Nath Kesharwani

                                                               1
                                     IN THE HIGH COURT OF MADHYA PRADESH
                                                  AT JABALPUR
                                                     CRA No. 6934 of 2024
                                (GANGA PRASAD AND OTHERS Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                           Dated : 14-06-2024
                                 Shri S.M. Shukla - Advocate for appellants.

                                 Shri V.K. Pandey - Panel Lawyer for respondent/State.

Heard on the question of admission.

Admit.

Office is directed directed to call for the record of the trial Court.

Also heard on I.A. No.14543/2024, which is an application for suspension of the custodial sentence passed against the appellants and releasing them on bail.

This appeal has been filed against the judgment dated 24.05.2024 passed by Special Session Judge (POCSO Act), Sidhi, District Sidhi (M.P.) in SCATR No.68/2020 whereby learned Court below found the appellants guilty for the offences punishable under Sections 323/34 and 327/34 of the IPC and sentenced them till rising of the Court with fine of Rs.1000/- and to undergo R.I. for three years with fine of Rs.3000/- each

respectively with default clause.

Learned counsel for the appellants submitted that learned trial Court without appreciating the prosecution evidence properly, wrongly found the appellants guilty for the aforesaid offences. The trial Court has suspended their jail sentence till 24.06.2024. The appeal may take long time for its conclusion. Under these circumstances, the execution of sentence be suspended and the appellants be released on bail.

O n the other hand, learned counsel for the respondent/State opposed the bail application and prayed for rejection of this application.

Keeping in view of the aforesaid submissions of learned counsel for the parties and the fact that an early hearing of this case is not possible, I.A. No.14543/2024 is allowed.

It is, therefore, directed that if appellants shall deposit the entire fine amount, if not already deposited, and furnish personal bond in the sum of Rs.30,000/- (Rupees Thirty Thousand Only) each with one solvent surety of the like amount to the satisfaction of trial Court for his appearance before the Registry of this Court on 09.09.2024 and on such subsequent dates as may be fixed in this regard, sentence of imprisonment

awarded to him, shall remain suspended till further orders and appellant shall be released on bail.

List for final hearing in due course.

(AMAR NATH (KESHARWANI)) JUDGE

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