Madhya Pradesh High Court

Sanjay Parte vs The State Of Madhya Pradesh on 29 May, 2025

Author: Vishal Mishra

Bench: Vishal Mishra

                                                              1                               CRA-5259-2025
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                      CRA No. 5259 of 2025
                                  (SANJAY PARTE AND OTHERS Vs THE STATE OF MADHYA PRADESH AND OTHERS )



                           Dated : 29-05-2025
                                 Shri Brajesh Kumar Rajak - Advocate for appellant.
                                 Shri Girish Kekre - Government Advocate for respondents/State.

On due consideration, I.A. No.13019/2025 - an application for urgent hearing during summer vacation is allowed and the matter is taken up for hearing.

The appeal appears to be arguable, hence admitted for final hearing. Record of the trial Court be called for if not already received. Heard on I.A.No.13154/2025 which is an application under Section 430(1) of Bhartiya Nagrik Suraksha Sanhita, 2023 on behalf of appellant for suspension of sentence and grant of bail.

The appellant assails the impugned judgment dated 08.05.2025 passed by the12th Additional Sessions Judge & Special Judge, POCSO Act, 2012, District Jabalpur (M.P.) whereby appellant has been convicted under Section 363 of the Indian Panel Code and sentenced to R.I. for three years with fine

of Rs.1000/- with default stipulation.

It is pointed out that the sentence of the appellant has already been suspended by the trial Court till 07.06.2025. Final hearing of this appeal is not possible in near future. Appellant 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, the instant application has

2 CRA-5259-2025 been filed for suspension of sentence and grant of bail.

Per contra, learned counsel for the State has vehemently opposed the application for suspension of sentence and grant of bail.

Considering the fact that the trial Court has already suspended the sentence of the appellant 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.13154/2025 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 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 12.11.2025 and thereafter on such other subsequent dates as may be fixed by the Trial Court.

List for final hearing in due course.

Certified copy as per rules.

(VISHAL MISHRA) V. JUDGE

L.Raj