Kailash Bhargava vs The State Of Madhya Pradesh
2022 Latest Caselaw 2138 MP

1                            Cr.A.No.1420/2022
                    (Kailash Bhargava Vs. State of M.P.)

Indore : Dated 16.2.2022
      Shri Tousif Warsi, learned counsel for the applicant.
      Shri Pranay Joshi, learned Panel Lawyer for the respondent/State.

Let record of the trial Court be requisitioned. Heard on I.A.No.2102/2022, an application for suspension of sentence and grant of bail to appellant.

The trial Court has convicted the appellant under Section 21 of the Protection of Children from Sexual Offences Act and sentenced to undergo six months' RI with fine of Rs.1,000/- with default stipulation vide judgment of conviction and order of sentence dated 21.1.2022 passed in Special S.T. No.1100141/2016.

Learned counsel for appellant submits that the the trial Court has not properly appreciated the evidence available on record. The trial Court has already suspended the sentence till 21.4.2022. The appellant was on bail during trial and he has not misused the liberty granted to him. There is no likelihood of hearing of appeal in near future. In view of aforesaid, learned counsel for the appellant prays for suspension of remaining jail sentence and grant of the bail to the appellant.

Learned counsel appearing for the respondent/State opposes the prayer for suspension of remaining jail sentence and grant of the bail to the appellant.

Looking to the short term of sentence and considering other facts and circumstances of the case, this Court is of the considered view that it is a fit case for suspension of the sentence and grant of bail to the appellant. Hence, without expressing any opinion on merits of the matter I.A.No.2102/2022 is allowed and jail sentence of the appellant shall remain suspended.

It is directed that subject to depositing the fine amount, if already not deposited, he shall be released on bail, on furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) along

(Kailash Bhargava Vs. State of M.P.)

with a solvent surety in the like amount to the satisfaction of trial Court, for his appearance before the Registry of this Court firstly on 21.04.2022, and on such other dates, as may be fixed by the Registry in this regard, till final disposal of this appeal.

I.A.No.2102/2022 is allowed.

C.C. as per rules.

(Satyendra Kumar Singh) Judge

Patil

Digitally signed by SHAILESH PATIL Date: 2022.02.16 16:52:31 +05'30'