Goutam @ Gulshan Through Natural ... vs State Of M.P.
2021 Latest Caselaw 1665 MP

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                                                             CRR No.255/2021

         High Court of Madhya Pradesh, Jabalpur
                     Bench at Indore
            Criminal Revision No.255/2021
Indore, Dated 29.04.2021
      Hearing through Video Conferencing.

      Mr. Nilesh J. Dave, learned counsel for applicant Goutam @

Gulshan s/o Bhaggu @ Bhagwan Gurjar.

      Mr. Sudhanshu Vyas, learned Panel Lawyer for the respondent /

State of Madhya Pradesh.

Mr. Harish Chandra Tripathi, learned counsel for the

complainant.

Heard on IA No.1058/2021, first application under Section 53

of Juvenile Justice (Protection of Children) Act, 2015 (herein after

referred to as the Act) for suspension of jail sentence and grant of bail

filed on behalf of the applicant.

The present applicant has been convicted for offence

punishable under Section 376 (2) (i) of Indian Penal Code, 1860 read

with Section 3 / 4 of the Protection of Children from Sexual Offence

Act, 2012 read with Sections 18 (1) (G) and 18 (1) (D) of the Act and

sentenced to undergo one year RI with fine of Rs.1,000/- by judgment

dated 25.08.2018 passed by Principal Magistrate, Juvenile Justice

Board, Khargone, District Khargone (MP) in Criminal Case

No.104/2015. The aforesaid judgment has been affirmed by learned

3rd Additional Sessions Judge, Khargone District Khargone West

CRR No.255/2021

Nimar (MP) in Criminal Appeal (though typed as Revision)

No.129/2018 vide judgment dated 22.01.2021.

Looking to the short sentence imposed on the applicant and out

of total one year RI, the applicant has already completed four months

sentence, learned counsel for the applicant prays for suspension of jail

sentence.

Considering the report of the Probation Officer, as requisitioned

by this Court and the fact that the sentence of one year RI is imposed

on the applicant, I am inclined to allow the application for suspension

of jail sentence and release him on bail.

Accordingly, without expressing any opinion on merits, IA

No.1058/2021, first application for suspension of jail sentence filed

on behalf of applicant is allowed and it is directed that the execution

of jail sentence awarded to the applicant shall remain suspended,

subject to his depositing the fine amount, if any, and upon furnishing

personal bond in the sum of Rs.25,000/- (rupees twenty five

thousand) with one local solvent surety in the like amount to the

satisfaction of the trial Court / Chief Judicial Magistrate, Khargone

for his appearance before the concerned Court on 22.07.2021 and on

such other dates as may be fixed by the concerned Court in this

regard. C. c. as per rules.

(Subodh Abhyankar) Judge rcp

RAMESH CHANDRA PITHWE 2021.04.30 14:12:16 +05'30'