Shivnarayan vs The State Of Madhya Pradesh
2021 Latest Caselaw 4895 MP

                                1                        CRA7044/2019

             HIGH COURT OF MADHYA PRADESH
                           CRA-7044/2019
                    (Shrinarayan Vs. State of M.P.)

Gwalior, Dated:01.09.2021
      Shri Ashish Singh Jadon, learned counsel for the appellant.

      Shri Ramadhar Chaubey, learned Public Prosecutor for the

respondent/State.

Heard on I.A.No.20342/2021 under Section 389 of Cr.P.C. filed

by appellant-Shivnarayan for suspension of sentence and grant of bail.

Vide judgment dated 02.07.2019 passed by learned Special

Judge (POCSO) Act and Second Additional Sessions Judge, Guna

(M.P.) in S.T.No.5/2018, the appellant has been convicted and

sentenced as under:

Section Sentence Fine In default stipulation 377 of IPC 10 years RI Rs.6,000/- two years 450 of IPC 10 years RI Rs.6,000/- two years

The case against the appellant is that he has committed unnatural

intercourse with son of the complainant, who is a mentally retarded

person. After conclusion of trial, the appellant was convicted for the

above mentioned offences and sentenced as indicated above. The

appellant is in custody since 31.12.2017.

Heard learned counsel for the parties at length.

In view of the aforesaid and considering the facts and

circumstances of the present case and also considering the period of

custody and the fact that the disposal of the appeal will take its own 2 CRA7044/2019

time, without commenting upon the merits of the case, it would be

appropriate to accept the application of the appellant.

Consequently, I.A.No. 20342/2021 is hereby allowed.

If the appellant furnishes a bail bond and deposits the fine

amount in the sum of Rs.50,000/- (Rupees fifty thousand Only) along

with one surety bond of the like amount to the satisfaction of the trial

Court and undertakes that he will appear before the Registry of this

Court on 10.01.2022 and on subsequent dates given by the office for

his appearance till the disposal of the present appeal, then the appellant

shall be released on bail and execution of jail sentence is suspended till

the disposal of this appeal.

Certified copy/ e-copy as per rules/directions.

                                              (Deepak Kumar Agarwal)
vv                                                  Judge


     SMT VALSALA
     VASUDEVAN
     2021.09.02
     16:01:27
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