Akash Rathore vs The State Of Madhya Pradesh
2022 Latest Caselaw 1826 MP

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                                           The High Court Of Madhya Pradesh
                                                    CRA No. 6140 of 2021
                                                    (AKASH RATHORE Vs THE STATE OF MADHYA PRADESH)

                                   Jabalpur, Dated : 09-02-2022
                                         Heard through Video Conferencing.

                                         Mr.Satyam Agrawal, learned counsel for the appellant.
                                         Ms.Priyanka Jain, learned Panel Lawyer for the respondent/State.

Record of the court below has been received. Heard on the question of admission.

The appeal is admitted for hearing.

Considered I.A.No.18767/2021, which is first application under section 389(1) of Cr.P.C. for suspension of sentence and grant of bail on behalf of applicant-Akash Rathore.

This Court granted temporary suspension of sentence in favour of the appellant vide order dated 10.12.2021 till 7.3.2022.

By the impugned judgment dated 04.10.2021 passed by Special Judge (POCSO), Sehore in Special Sessions Trial No.109/2020 the applicant has b e e n convicted for offences under sections 7/8 of POCSO Act and sentenced to undergo R.I. for 3 years and fine of Rs.1000/- with default

stipulation and Section 354(a)(1)(i) of Indian Penal Code and sentenced to undergo R.I. for 1 year and fine of Rs.1000/- with default stipulations.

Considering the over all facts and circumstances of the case; applicant is in jail since the date of judgment; and final disposal of appeal would take considerable time, without commenting on merits of the case, the application is allowed.

I t is directed subject to deposit of fine amount, if not already deposited, and on furnishing a personal bond in the sum of Rs.40,000/- (Rupees Fourty Thousand Only) with one surety in the like amount to the satisfaction of the trial Court concerned, the remaining part of the substantive jail sentence imposed upon appellant- Akash Rathore shall remain suspended Signature Not Verified SAN during the pendency of this case and he be released on bail. The appellant

Digitally signed by DEEPA MISHRA Date: 2022.02.09 16:28:58 IST

shall appear before the concerned trial Court on 05.07.2022 and on all subsequent dates, as may be fixed in this regard during the pendency of this appeal.

Accordingly, I.A.No.18767/2021 stands disposed of. List the case for final hearing in due course.

(SMT. ANJULI PALO) JUDGE

mrs. mishra

Signature Not Verified SAN

Digitally signed by DEEPA MISHRA Date: 2022.02.09 16:28:58 IST