PUSHPENDRA JAISWAL Vs. STATE OF M.P

JUDGEMENT

(1.) Heard on I.A.No.7514/2023, an application under Sec. 389(1) of Cr.P.C. for suspension of jail sentence and grant of bail to the appellant pending the appeal.

(2.) The appellant has been convicted for commission of offence under Sec. 354 and 354(A)(i) of IPC and has been sentenced to R.I. for 03-03 years and fine of Rs.100.00 - Rs.100.00 with default stipulations by the learned Special Judge (POCSO Act, 2012), Rewa (M.P.) vide judgment dtd. 25/3/2023 passed in Special Case No.207/2020 (State of MP Vs. Pushpendra Jaiswal). Learned counsel for the appellant has submitted that appellant has been released on bail till 24/4/2023 by the trial Court itself. During trial, he was on bail and he has not misused the liberty granted to him b y way of bail. Learned counsel further submitted that he has fair chances to succeed in appeal. There is no possibility of coming of this appeal for hearing in near future. Therefore, if the jail sentence is not suspended, the purpose of filing this appeal would become futile. On the other hand, learned counsel for the respondent/State has opposed the prayer for grant of bail to the appellants. Considering the short nature of sentence and contention of learned counsel for the appellant, I deem it proper to suspend the remaining jail sentence of the appellant because final hearing of this appeal is not possible in near future.

(3.) Consequently, I.A.No.7514/2023 is allowed. The execution of jail sentence of appellant- Pushpendra Jaiswal is hereby suspended subject to depositing the fine amount, if not already deposited. It is directed that the appellant be released on bail on his furnishing a personal bond to a sum of Rs.50,000.00 (Rupees Fifty thousand only) with one solvent surety of the like amount to the satisfaction of the trial Court with a further direction to appear before the trial Court on 20/7/2023 and also on such other dates, as may be fixed by that Court in this regard during the pendency of this appeal. List the case for admission immediately after receipt of record. Certified copy as per rules.