Nitin Kirar vs The State Of Madhya Pradesh
2024 Latest Caselaw 13674 MP

Madhya Pradesh High Court

Nitin Kirar vs The State Of Madhya Pradesh on 10 May, 2024

Author: Sunita Yadav

Bench: Sunita Yadav

                                                               1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT GWALIOR
                                                       CRA No. 4486 of 2024
                                               (NITIN KIRAR Vs THE STATE OF MADHYA PRADESH)

                           Dated : 10-05-2024
                                 Mr. Rohit Bansal - Advocate for appellant.

                                 Mr. Dinesh Savita - 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. 7111 of 2024 , which is first application under Section 389 (1) Cr.P.C. for suspension of sentence and grant of bail filed by

the appellant.

This Criminal Appeal assails the judgment dated 05.03.2024 passed by III Additional Sessions Judge/Special Judge, (POCSO Act), Sheopur in SCATR No.57/2023, whereby appellant has been convicted under Section 7/8 of POCSO Act and sentenced him to undergo maximum three years RI with maximum fine of Rs. 1500/- with default stipulation.

Learned counsel for the appellant submitted that learned trial Court has wrongly convicted the appellant without appreciating the evidence properly available on record. Further submission is that there are material omissions and

contradictions in the statement of the prosecution witnesses. Appellant was on bail during trial and he did not misuse the liberty so granted. This criminal appeal is likely to take long time to come up for final hearing and appellant has hope and believe that he would succeed, therefore, prayed to suspend the jail sentence and release him on bail.

Learned Public Prosecutor 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.7111 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) with one solvent surety of the like amount to the satisfaction of the concerned trial Court, the remaining jail sentence of the appellant shall remain suspended and he be released on bail. He is further directed to mark his appearance before the Office of this Court o n 10.09.2024 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*)