Madhya Pradesh High Court
Basantdev Pandey vs The State Of Madhya Pradesh on 12 July, 2023
Author: Dinesh Kumar Paliwal
Bench: Dinesh Kumar Paliwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 5524 of 2023
(BASANTDEV PANDEY Vs THE STATE OF MADHYA PRADESH AND OTHERS)
Dated : 12-07-2023
Shri D. K. Shah - Advocate for the appellant.
Shri Pradeep Gupta - Govt. Advocate for the respondent/State.
None for respondent No.2 despite service of notice.
Trial Court record has been received.
Heard on admission.
Trial Court record perused.
Prima-facie, this appeal seems to be arguable. Hence, admitted for final hearing.
Heard on I.A.No.8733 of 2023, an application under Section 389(1) of Cr.P.C for suspension of jail sentence and grant of bail to the appellant pending the appeal.
Appellant has been convicted for commission of offence under Sections 456, 354 of IPC; Section 7/8 of POCSO Act and Section 3(1)(w)(i) of SC/ST (Prevention of Atrocities) Act, 1989 and has been sentenced to RI for 02 years, RI for 03 years, RI for 03 years and 03 years respectively and fine of Rs.1000/- for each offence with default stipulation vide judgment dated 13.4.2023 passed in Special Case No.82/2021 (State of M.P. vs. Basant Dev Pandey) by Special Judge, POCSO Act, Waidhan, District Singrauli (M.P.).
Learned counsel for the appellant has submitted that appellant has been erroneously convicted by the learned trial Court. Earlier he was released on bail by the trial Court and even after conviction, he was released on bail till 29.5.2023. Thereafter, this Court vide its orders dated 24.4.2023 and 12.6.2023 Signature Not Verified Signed by: DEEPA MISHRA Signing time: 7/13/2023 10:05:41 AM 2 has extended the bail till today. He has not misused the liberty granted by way of bail. He has fair chance 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.
O n the other hand, learned Panel Lawyer for the respondent/State has opposed the prayer for grant of bail to the appellant.
Having taken into consideration the short nature of sentence and other material available on record, I deem it proper to suspend the remaining jail sentence of the appellant, pending the appeal.
Consequently, I.A.No.8733 of 2023 is allowed. The execution of jail sentence of appellant Basantdev Pandey 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/- (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 5.9.2023 and also on such other dates, as may be fixed by that Court in this regard during the pendency of this appeal.
List for final hearing in due course.
Certified copy as per rules.
(DINESH KUMAR PALIWAL) JUDGE mrs. mishra Signature Not Verified Signed by: DEEPA MISHRA Signing time: 7/13/2023 10:05:41 AM