Gurlal Sikkh vs The State Of Madhya Pradesh
2024 Latest Caselaw 15693 MP

Madhya Pradesh High Court

Gurlal Sikkh vs The State Of Madhya Pradesh on 27 May, 2024

Author: Sunita Yadav

Bench: Sunita Yadav

                                                               1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT GWALIOR
                                                        CRA No. 5798 of 2024
                                               (GURLAL SIKKH Vs THE STATE OF MADHYA PRADESH)

                           Dated : 27-05-2024
                                  Shri Ashish Singh Jadoun, learned counsel for the appellant.

                                  Shri Rajendra Singh Yadav - P.P. - appearing on behalf of Advocate
                           General.
                                  Heard on I.A. No. 9476 of 2024, first application under Section 389
                           Cr.P.C. for suspension of sentence and grant of bail to the appellant.
                                  This Criminal Appeal assails the judgment dated 27.04.2024 passed in

                           SC No. 01/2022 by Special Judge (POCSO Act) Dist. Guna, (M.P.) whereby,
                           appellant stood convicted and sentenced under Section 354-(A) (1) (i) of IPC
                           to undergo rigorous imprisonment of One year with fine of Rs.500/- with
                           default stipulations.
                                  Learned counsel for the appellant submits that the trial Court has wrongly
                           convicted the appellant without proper appreciation of facts of the case. It is
                           further argued that there are lots of contradictions and omissions in the evidence
                           of the prosecution witnesses. Present criminal appeal is likely to take long time
                           to conclude. Hence, prayed to suspend the jail sentence and grant of bail to the

                           appellant.
                                  Per contra, counsel for the respondent has 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 rendered by learned counsel for the parties as well as facts and circumstances of the case, without commenting on merits of

the case, I.A. No. 9476 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 two solvent sureties 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. Appellant is further directed to mark his appearance before the Office of this Court o n 25.09.2024 and on subsequent dates given by the Office in this regard, till final disposal of this appeal.

List the 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

Durgekar