Chhotu @ Jeewan Yadav vs The State Of Madhya Pradesh
2024 Latest Caselaw 13429 MP

Madhya Pradesh High Court

Chhotu @ Jeewan Yadav vs The State Of Madhya Pradesh on 9 May, 2024

Author: Sunita Yadav

Bench: Sunita Yadav

                                                              1
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT GWALIOR
                                                      CRA No. 5155 of 2024
                             (CHHOTU @ JEEWAN YADAV AND OTHERS Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                          Dated : 09-05-2024
                                Shri Alok Kumar Sharma - Advocate for appellants.

                                Shri Rohit Shrivastava - Panel Lawyer for respondent/State.

Heard on admission.

The appeal appears to be arguable is admitted for final hearing. Heard on I.A.No. 8242 of 2024, first application under Section 389 (1) of Cr.P.C. for suspension of sentence and grant of bail to the appellants.

The appeal has been preferred by the appellants under Section 374 of the Cr.P.C. against the impugned judgment of conviction and sentence dated 10.04.2024 passed by Special Judge (POCSO Act), Guna, District Guna (M.P.) in SC No.28/2021 whereby appellants have been convicted under Section 354 of IPC and Section 7/8 of POCSO Act 2012 and sentenced to undergo rigorous imprisonment of 1 year and 3 years with fine of Rs.500/- each with default stipulations respectively.

Learned counsel for the appellants argued that the trial Court has wrongly convicted the appellants ignoring the facts that F.I.R. is lodged with delay of six

days for which no plausible explanation has been given. As per prosecution story, at the time of incident, Kalli arrived at spot. Since he has not been arrayed as a witness, he could not be examined. The appellant was on bail during trial and he did not misuse the liberty so granted. There are material contradictions and omissions in the statements of the prosecution witnesses. It is further argued that this criminal appeal is likely to take long time to come up for final hearing and appellants have hope and believe that they would succeed,

therefore, prayed to suspend the jail sentence and grant of bail to the appellants.

On the other hand, learned Panel Lawyer for respondent/State opposed the application and prayed for rejection of the same.

Considering the arguments advanced by learned counsel for the parties, without commenting on merits of the case, IA No.8242 of 2024 is hereby allowed. Subject to depositing the fine amount, if not already deposited, and on furnishing personal bond of Rs.50,000/- (Rupees Fifty Thousand only) each with one solvent surety each in the like amount to the satisfaction of the concerned trial Court, the remaining jail sentence of the appellants shall remain suspended and they be released on bail. They are further directed to mark their

appearance before the Registry of this Court on 29.08.2024 and on subsequent dates given by the Office in this regard, till final disposal of this appeal.

I.A.No.8242 of 2024 is allowed and disposed of.

List the case for final hearing in due course.

A copy of this order be sent to the concerned Trial Court for compliance.

Certified copy/ e-copy as per rules/directions.

(SUNITA YADAV) JUDGE

AK/-