Citation : 2022 Latest Caselaw 1623 MP
Judgement Date : 4 February, 2022
1
The High Court Of Madhya Pradesh
CRA No. 144 of 2022
(GAJENDRA SINGH THAKUR Vs THE STATE OF MADHYA PRADESH)
Jabalpur, Dated : 04-02-2022
Heard through Video Conferencing.
Shri R.K.Raghuvanshi, counsel for the appellant.
Shri V.K.Pandey, Panel Lawyer for the respondent/State.
I.A.No. 2162/2022 is an application filed by the appellant for taking the documents/ordersheets of the trial Court on record.
The documents are ordered to be taken on record. I.A.No. 2162/2022
stands allowed and disposed of.
Heard on the question of admission.
Appeal seems to be arguable, hence admitted for hearing. Heard on I.A.No. 139/2022 which is first application for suspension of sentence filed on behalf of appellant who stands convicted vide judgment dated 21.12.2021 passed by the Special Judge, POCSO Act, Katni in Session Case 141/2021 for offence punishable under Section 7/8 of the Protection of Children from Sexual Offences Act and sentenced to undergo RI for 3 years and Section 294 of the IPC and sentenced to undergo SI for 03 months with
fine and default stipulations.
Learned counsel for the appellant submits that the maximum sentence awarded to the appellant is of 3 years. During trial, appellant was on bail and he has never misused the liberty. Final disposal of this appeal would take considerable time, hence, it is prayed that the substantive jail sentence of the appellant be suspended and he be released on bail.
Learned Panel Lawyer for the State has opposed the bail application. Considering the facts and circumstances of the case and the quantum of sentence awarded to the appellant, without commenting upon the merits of the case, I.A. No. 139/2022 is allowed and disposed of.
It is directed that on furnishing a personal bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) with one solvent
surety in the like amount to the satisfaction of the trial Court, the remaining part of the substantive jail sentence imposed upon appellant-Gajendra Singh Thakur shall remain suspended during the pendency of this case and he shall be released on bail. Appellant shall appear before the concerned trial Court on 30.06.2022 and on all such subsequent dates, as may be fixed in this regard during the pendency of this appeal.
List the case for hearing in due course.
(SMT. ANJULI PALO) JUDGE vidya Digitally signed by SREEVIDYA Date: 2022.02.04 18:02:14 +05'30'
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