Jeevan Nath vs The State Of Madhya Pradesh
2025 Latest Caselaw 3354 MP

Madhya Pradesh High Court

Jeevan Nath vs The State Of Madhya Pradesh on 27 January, 2025

                                                                1                                  CRA-756-2025
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT GWALIOR
                                                        CRA No. 756 of 2025
                                        (JEEVAN NATH Vs THE STATE OF MADHYA PRADESH AND OTHERS )



                          Dated : 27-01-2025
                                Shri Mahendra Singh Yadav - Advocate for appellant.
                                Shri Abhishek Singh Bhadoriya - Public Prosecutor for the State.

                                Heard on I.A.No.1335/2025, 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 10.01.2025 passed in

                          Special Sessions Case No.87/2024 by the third Additional Sessions Judge/
                          Special Judge (POCSO) District Vidisha (M.P.) , whereby appellant has been
                          convicted as under :

                                                                                        Imprisonment
                                       Under Section      Imprisonment   Fine Rupees
                                                                                        in lieu of fine
                                Section 354 of IPC r/w
                                Section 7/8 of the      03 years' R.I.   Rs.500/-      06 months' R.I.
                                POCSO Act
                                3(1)(w)(i) of the SC/ST
                                                        03 years' R.I.   Rs.500/-      06 months' R.I.
                                Act
                                3(2)(va) of the SC/ST
                                                        03 years' R.I.   Rs.500/-      06 months' R.I.
                                Act



                          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. There is no likelihood of hearing of the instant appeal in near future.
                          Hence, prayed to suspend the jail sentence and grant of bail to the appellant.

Signature Not Verified
Signed by: AMAN TIWARI
Signing time: 1/28/2025
10:50:04 AM
                                                                 2                              CRA-756-2025

                          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.1335/2025 is hereby allowed. Subject to depositing of fine amount, if not already deposited, and on furnishing personal bond of Rs.1,00,000/- (Rupees One Lac 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 17/03/2025 and on subsequent dates given by the Registry in this regard, till final disposal of this appeal.

7. Record of the Court below be called for.

8. List after the receipt of record.

C.C. as per Rules.

(RAJENDRA KUMAR VANI) JUDGE Aman