Rachit Balmik vs The State Of Madhya Pradesh
2024 Latest Caselaw 28230 MP

Madhya Pradesh High Court

Rachit Balmik vs The State Of Madhya Pradesh on 14 October, 2024

                                                             1                                CRA-11220-2024
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT GWALIOR
                                                      CRA No. 11220 of 2024
                                            (RACHIT BALMIK Vs THE STATE OF MADHYA PRADESH )



                          Dated : 14-10-2024
                                Shri Rinku Shakya - Advocate for the appellant.
                                Shri Yogesh Parashar - Public Prosecutor for the State.


                                Heard on admission.
                                Appeal being arguable, is admitted for final hearing.

                                Record of the trial Court be called for.
                                Also heard on I.A.No.21851 of 2024 , first application under Section
                          389(1) of Cr.P.C. for suspension of jail sentence and grant of bail to the
                          appellant.
                          2.   This Criminal Appeal assails the judgment dated 12.09.2024 passed in
                          Special Case No.81/2021 by the 7th Additional Sessions Judge/Special Judge
                          (POCSO) Act, Guna, whereby the appellant has been convicted under
                          Section 363 of IPC and sentenced to undergo 1 year RI with fine of Rs.500/-
                          with default stipulation.

                          3.     Learned counsel for the appellant submits that the trial Court has
                          wrongly convicted the appellant without proper appreciation of facts of the
                          case as well as evidence on record. He further submits that the jail sentence
                          of appellant has already been suspended by the Trial Court for a temporary
                          period. Amount of fine has already been deposited by him. He was on bail
                          during trial, but he did not misuse the liberty so granted. There is no
                          likelihood of hearing of the instant appeal in near future. Hence, prayed to

Signature Not Verified
Signed by: MADHU
SOODAN PRASAD
Signing time: 15-Oct-24
10:54:14 AM
                                                               2                             CRA-11220-2024

                          suspend the jail sentence and grant of bail to the appellant.
                          4.     Learned counsel for the respondent/State opposed the application and

prayed for its rejection.

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

6. Considering the submissions advanced by learned counsel for the appellant as well as facts and circumstances of the case, without commenting on merits of the case, I.A.No. 21851 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 a 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. The appellant is further directed to mark his appearance before the Registry of this Court on 06/01/2025 and on subsequent dates given by the Registry in this regard, till final disposal of this appeal.

C.C. as per Rules.

(RAJENDRA KUMAR VANI) JUDGE

ms/-