Madhya Pradesh High Court

Kalla Gurjar vs The State Of Madhya Pradesh on 2 May, 2024

Author: Sunita Yadav

Bench: Sunita Yadav

                                                                 1
                                           IN THE HIGH COURT OF MADHYA PRADESH
                                                        AT GWALIOR
                                                         CRA No. 4300 of 2024
                                           (KALLA GURJAR AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                           Dated : 02-05-2024
                                  Mr. Dhara Singh Meena - Advocate for the appellants.

                                  Mr. G.K.Agarwal - Public Prosecutor, for respondent/State.

Heard on the question of admission.

The appeal, being arguable, is admitted for final hearing. Heard on I.A. No. 6704 of 2024, which is first application under Section 389 (1) Cr.P.C. for suspension of sentence and grant of bail filed by

the appellants.

This Criminal Appeal assails the judgment dated 04.03.2024 passed by the Special Judge, District Shivpuri (M.P.) in S.C. No.123/2022, whereby appellants have been convicted and sentenced under Sections 8 of POCSO Act, Sections 354, 323, 323/34 and 323/34 (two counts) of IPC to undergo rigorous imprisonment of three years with fine of Rs.2000/- with default stipulations.

Learned counsel for the appellants submits that the trial Court has erred i n convicting the appellants without appreciating the evidence available on

record. There are material contradictions and omissions in the statement of the prosecution witnesses. Further submission is that prosecution has made Ramnath Gurjar as an eye witness in the charge-sheet, however, he has not been examined by the prosecution and was examined by the appellant-accused as defense witness who has not supported the fact as alleged against the present appellants. He was on bail during trial and never misused the liberty so granted. Further submission is that the the appeal is likely to take long time to conclude.

Appellants have hope and believe that he would succeed. Hence, he prayed to suspend the jail sentence and grant of bail to appellants.

Learned counsel for the respondent/State vehemently opposed the application and prayed for its rejection.

Heard learned counsel for the parties and perused the materials available on record.

Considering the arguments advanced by learned counsel for the parties, without commenting on merits of the case, I.A. No.6704 of 2024 is hereby allowed. Subject to depositing of fine amount, if not already deposited, and on furnishing personal bond of Rs.50,000/- (Rupees Fifty Thousand Only) each

with one solvent surety of the like amount to the satisfaction of the concerned trial Court, the remaining jail sentence of the appellants shall remain suspended and he be released on bail. They are further directed to mark their appearance before the Office of this Court on 29.07.2024 and on subsequent dates given by the Office in this regard, till final disposal of this appeal.

List this case for final hearing 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

(LJ*)