Madhya Pradesh High Court
Mukesh Adivasi vs The State Of Madhya Pradesh on 11 October, 2018
1 CRA-6399-2017
The High Court Of Madhya Pradesh
CRA-6399-2017
(MUKESH ADIVASI Vs THE STATE OF MADHYA PRADESH)
7
Jabalpur, Dated : 11-10-2018
Shri Madan Singh, learned counsel for the appellant.
Shri Deepndra Mishra, learned Government Advocate for the
respondent/State.
The record of the trial Court has been received. Heard on admission.
Admit.
Heard on I.A.No.26435/2017, which is an application under Section 389(1) of Cr.P.C. for suspension of sentence and grant of bail filed on behalf of the appellant.
The appellant has challenged the judgment and conviction and sentence dated 16.01.2016 passed by Special Judge, Damoh in Special Case No.30056/2014 whereby the appellant has been convicted under section 363 of IPC and sentenced to suffer R.I. for 2 years along with fine of Rs.1000/-and under section 366(A) of IPC and sentenced to suffer R.I. for 3 years and fine of Rs.2000/- and under section 6 of POCSO Act and sentenced to suffer R.I. of 10 years and fine of Rs.5000/-, with default stipulation.
Learned counsel for the appellant has submitted that the appellant is in custody since 07.12.2017 and during trial he was on bail and finding with regard to the age of the prosecutrix based on surmises and conjecture and the fact that the prosecutrix is below 18 years at the time of the incident is not proved by cogent evidence. There is fair chance to succeed in the appeal. Disposal of the appeal will take time. There is no likelihood of his absconding. If the execution of the jail sentence is not suspended, his right to appeal will be futile. On this grounds, prayer is made to suspend the sentence and grant bail to him.
On the other hand, learned G.A. opposed the bail application and prayed for rejection of the same.
Having considered the contention of the learned counsel for the parties and perused the record, the application is allowed. It is ordered that subject to payment of Digitally signed by RAVIKANT KEWAT Date: 12/10/2018 12:12:22 2 CRA-6399-2017 fine amount, if already deposited, the execution of jail sentence of the appellant-Mukesh Adivasi shall remain suspended during the pendency of this appeal and he be released on bail on his furnishing a personal bond for a sum of Rs.50,000/- (Rs.Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the trial Court for his appearance before the trial Court on 19.02.2019 and thereafter on all dates as may be fixed by the learned trial Court in this regard.
List this case for final hearing in due course. C.C. as per rules.
(J. P. GUPTA) JUDGE rk.
Digitally signed by RAVIKANT KEWAT Date: 12/10/2018 12:12:22