Bandan Kumar vs The State Of Madhya Pradesh
2022 Latest Caselaw 5530 MP

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             IN THE HIGH COURT OF MADHYA PRADESH
                          AT JABALPUR
                            CRA No. 2887 of 2017
                   (BANDAN KUMAR Vs THE STATE OF MADHYA PRADESH)

Dated : 18-04-2022
      Ms. Sarita Acharya, learned counsel for the appellant.

      Ms. Shanti Tiwari, learned Panel Lawyer for respondent/State.

Heard on I.A.No.17861/2021, which is second application under section 389(1) Cr.P.C. for suspension of sentence and grant of bail on behalf of appellant. His first application being I.A. No. 11087/2018 was dismissed

as withdrawn.

By the impugned judgment dated 19.07.2017 passed by Sessions Judge, Dindori in Sessions Trial No.127/2016 the appellant/applicant has been convicted for offences under sections 341, 363, 366 and 376(2)(i)(j)(n) of IPC and sentenced to pay fine of Rs.500/-, to undergo R.I. for 3 years with fine of Rs.2000/-, R.I. for 3 years with fine of Rs.2000/- and R.I. for 10 years with fine of Rs.5000/- respectively with default stipulations.

Learned counsel for the applicant submitted that applicant is innocent and has been falsely implicated in the crime in question. The applicant is in

custody since 17.10.2016. Final disposal of instant appeal would take considerable time. Hence, prayer has been made to suspend the jail sentence of the applicant and grant him bail.

Learned Panel Lawyer has opposed the prayer for bail. As per prosecution case, at the time of incident the age of prosecutrix was about 14 years. FSL report is positive, but the applicant himself was 22 years old. He is in custody since 17.07.2016.

Looking to the custody period of the applicant and considering the fact that final disposal of the appeal would take sufficiently long time; without commenting on merits of the case, the application is allowed.

I t is directed that subject to depositing fine amount, if not already deposited, and on furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to

the satisfaction of the trial Court concerned, remaining jail sentence imposed upon appellant shall remain suspended during the pendency of this case and he shall be released on bail.

The appellant shall appear before the Registry of this Court on

18.08.2022 and on all such subsequent dates, as may be fixed in this regard during the pendency of this appeal.

List for final hearing in due course.

(SMT. ANJULI PALO) JUDGE

rv

Signature Not Verified SAN

Digitally signed by REENA HIMANSHU SHARMA Date: 2022.04.19 17:17:46 IST