Dileep Aarmo vs The State Of Madhya Pradesh
2022 Latest Caselaw 16274 MP

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 5737 of 2022 (DILEEP AARMO Vs THE STATE OF MADHYA PRADESH AND OTHERS)

Dated : 08-12-2022 Ms. Archana Tiwari - Advocate for appellant.

Shri C.M. Tiwari - Government Advocate for State.

Record of the Court below has been received. Heard on admission.

Admit.

Also heard on I.A. No.13479/2022, which is first application for suspension of sentence and grant of bail to appellant.

B y the impugned judgment dated 11.6.2022 passed by the Additional Sessions Judge, Niwas, District Mandla in Special Session Case No.10/2019 whereby the appellant has been convicted for offences under Sections 363 of IPC and sentenced to undergo R.I. for 07 years with fine of Rs.2,000/-, Section 366A of IPC and sentenced to undergo R.I. for 07 years with fine of Rs.2,000/- , Section 376 (2)(n) of IPC and sentenced to undergo R.I. for 10 years with fine of Rs.2,000/- and Section 5(m)/6 of POCSO Act and sentenced to undergo

R.I. for 10 years with fine of Rs.2,000/- respectively, with default stipulations.

Learned counsel for appellant has submitted that appellant is innocent and he has falsely been implicated in the crime in question. The Court below has not properly appreciated the oral and documentary evidence available on record. The appellant is in custody since 01.03.2019. Final disposal of

Signature Not Verified this appeal would take considerable time. Hence, prayer has been made to SAN

Digitally signed by NITESH PANDEY suspend the jail sentence of the appellant and he may be granted bail. Date: 2022.12.08 17:32:22 IST

Learned Government Advocate has opposed the prayer for grant of bail.

Looking to the cross-examination of the prosecutrix and also considering that the appellant is aged about 25 years and he is first offender, therefore, I find it to be a fit case to suspend the jail sentence of appellant and to release him on bail, therefore, without commenting on the merit of the case, this application is allowed.

I t is directed that subject to depositing the fine amount, if not already deposited and on furnishing a personal bond in the sum of Rs.40,000/- (Rupees Forty Thousand Only) with one solvent surety in the like amount to the satisfaction of the trial Court concerned, the custodial sentence of appellant shall remain suspended and he shall be released on bail for securing his

presence before the Registry of this Court on 04.05.2023 and on such other dates as may be fixed in this regard during pendency of this appeal.

The appellant shall regularly appear before the Registry of this Court, on each and every date, without fail.

List for final hearing in due course.

(SMT. ANJULI PALO) JUDGE

Nitesh

Signature Not Verified SAN

Digitally signed by NITESH PANDEY Date: 2022.12.08 17:32:22 IST