Raghvendra Saket @ Pawan vs The State Of Madhya Pradesh
2022 Latest Caselaw 17027 MP

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 12059 of 2022 (RAGHVENDRA SAKET @ PAWAN Vs THE STATE OF MADHYA PRADESH)

Dated : 21-12-2022 Shri Ramjee Shukla - Advocate for the appellant.

Shri Y.D. Yadav - Government Advocate for the State.

Heard on I.A. No.24201 of 2022, which is first application for suspension of sentence and grant of bail to the appellant.

By the impugned judgment, the appellant has been convicted by the trial

Court for offence punishable under Section 354 and 354 (A) of the Indian Penal Code and Section 7/8 of the Protection of Children From Sexual Offences Act and sentenced to R.I. for 1 year (fine Rs.500/-); RI for 1 year (fine Rs.500/-) and 3 years (fine Rs.500/-), respectively with default stipulations.

Learned counsel for the appellant has submitted that the trial Court has n o t properly appreciated the oral and documentary evidence on record. Maximum sentence awarded to the appellant is 3 years. The trial Court has suspended the jail sentence of the appellant till 07.01.2023, as mentioned in the application. Disposal of this appeal would take considerable time, therefore, the

custodial sentence of the appellant be suspended and he may be released on bail.

Learned Panel Lawyer has opposed the prayer for grant of bail. Although record is not available, however, looking to the nature of offence and period of sentence awarded to the appellant, I find it to be a fit case to suspend the jail sentence of the appellant and to release him on bail, Signature Not Verified SAN

therefore, without commencing on the merit of the case, this application is Digitally signed by KOUSHALENDRA SHARAN SHUKLA Date: 2022.12.22 14:07:17 IST 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, remaining jail sentence imposed upon appellant - Raghvendra Saket @ Pawan shall remain suspended during the pendency of this case and he shall be released on bail.

The appellant shall appear before the trial Court concerned on 10.5.2023 and on all such subsequent dates, as may be fixed in this regard during the pendency of this appeal, without fail.

Record be requisitioned.

State is directed to inform the victim through her parents regarding presentation of this appeal.

List after 8 weeks for admission.

(SMT. ANJULI PALO) JUDGE

ks

Signature Not Verified SAN

Digitally signed by KOUSHALENDRA SHARAN SHUKLA Date: 2022.12.22 14:07:17 IST