Madhya Pradesh High Court

Sandeep Kol vs The State Of Madhya Pradesh on 2 May, 2025

Author: Vishal Mishra

Bench: Vishal Mishra

                                                                1                             CRA-10821-2024
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                       CRA No. 10821 of 2024
                                         (SANDEEP KOL Vs THE STATE OF MADHYA PRADESH AND OTHERS )



                           Dated : 02-05-2025
                                 Shri Hemant Sen - Advocate for the appellant.
                                 Shri Amit Pandey - Government Advocate for the respondents / State.

Record indicates that two different order sheets of the order dated 21.9.2024 passed in Criminal Appeal No.10821/2024 were scanned and uploaded in the case. One order sheet dated 21.9.2024 in Criminal Appeal

No.10821/2024 (Sandeep Kol Vs. The State of Madhya Pradesh and others) shows that the learned counsel for the appellant sought permission to withdraw this appeal and prayer was allowed and accordingly, the appeal was dismissed as withdrawn. Whereas, another order sheet dated 21.9.2024 in Criminal Appeal No.10821/2024 (Sandeep Kol Vs. The State of Madhya Pradesh and others) shows that record of the Court below be called for. In the meantime, suspension granted by the trial Court to the appellant be extended till the next date of hearing.

The record pertaining to the case is perused by the Court and the same

does not reflect the order sheet dated 21.9.2024 as far as withdrawal of the appeal is concerned. How two order sheets for the same case on the same date are prepared and uploaded. Under these circumstances, necessary inquiry into the matter is needed.

Let the matter be placed before the Registrar General to enable him to seek instructions in the matter with respect to preparation of two order sheets

2 CRA-10821-2024 dated 21.9.2024 in Criminal Appeal No.10821/2024, one for permitting the withdrawal of the appeal and another for extending the suspension granted by the trial Court to the appellant.

Record of the trial Court has already been received. Heard on the question of admission.

The appeal appears to be arguable, hence admitted for final hearing. Also heard on I.A.No.25444 / 2024, which is an application under Section 430 (1) of Bharatiya Nagarik Suraksha Sanhita, 2023 on behalf of appellant for suspension of sentence and grant of bail.

The appellant assails the impugned judgment dated 23.08.2024 passed by Special Judge of POCSO Act (Satna) District Satna in SC No. 62/2021 whereby the appellant has been convicted under Sections 342, 354 of IPC

and Section 7 / 8 of POCSO Act and sentenced to undergo RI for 1 year with fine of Rs.1000/-, R.I. for 3 years with fine of Rs.2000/- and RI for 3 years with fine of Rs.2000/- respectively with default stipulations.

It is pointed out by the learned counsel for the appellant that the sentence of the appellant has already been suspended by the trial Court till 8.10.2024 and thereafter the same was extended by this Court vide order dated 21.9.2024 till the next date of hearing. It is further submitted that the final hearing of this appeal is not possible in near future. He is ready to abide by all the terms and conditions that may be imposed by this Court while considering the application for suspension of sentence. Hence, he prays for suspension of sentence and grant of bail.

Per contra, learned counsel for the State has vehemently opposed the

3 CRA-10821-2024 application for suspension of sentence and grant of bail.

Considering the fact that the trial Court has already suspended the sentence of the appellant which was further extended by this Court and there is no likelihood of early disposal of the appeal in near future, this court is inclined to grant bail to appellant by way of suspension of sentence.

Accordingly, I.A.No.25444/2024 is allowed and it is directed that the remaining jail sentence of the appellant shall remain under suspension subject to the verification of the fact that the amount of fine has been deposited. The appellant be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the trial Court concerned for his appearance before the trial Court/concerned Court on 1.9.2025 and thereafter on such other subsequent dates as may be fixed by the Trial Court.

Accordingly, I.A.No.25444/2024 is allowed and disposed of. List for final hearing in due course.

Certified copy as per rules.

(VISHAL MISHRA) JUDGE