Roop Singh vs The State Of Madhya Pradesh
2022 Latest Caselaw 2383 MP

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            The High Court Of Madhya Pradesh
                     CRA No. 7886 of 2021
                       (ROOP SINGH Vs THE STATE OF MADHYA PRADESH)

Jabalpur, Dated : 21-02-2022
        Mr.Sharad Verma, learned counsel for the appellant.

        Ms.Geeta Yadav, learned Panel Lawyer for the respondent/State.

Considered I.A.No.22777/2021, which is first application under section 389(1) of the Code of Criminal Procedure for suspension of sentence under section 389(1) Cr.P.C. and grant of bail on behalf of appellant-Roop Singh.

By the impugned judgment dated 10.12.2021 passed by Special Judge

(POCSO Act) & First ASJ, Raheli, District Sagar passed in SC/35/2020 the appellant/applicant has been convicted under section 4 of the POCSO Act and sentenced to undergo R.I. for 07 years and fine of Rs.1000/- with default stipulations.

Learned counsel for the appellant/applicant submitted that applicant has been falsely implicated in the crime in question. Learned trial Court has passed the impugned judgment without properly appreciating the oral and documentary evidence on record. The appellant is custody since date of judgment. The appellant was on bail during trial. The final disposal of instant appeal would take

considerable time. Therefore, jail sentence of appellant/applicant be suspended.

Learned Panel Lawyer for the respondent/State has opposed the prayer for bail.

Considering the over all facts and circumstances of the case; statements of the prosecutrix and her father; further considering the finding recorded by the trial Court regarding commission of offence; custody period of applicant; final disposal of instant appeal would take considerable time, without commenting on merits of the case, the application is allowed.

It 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 Forty 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/applicant-Roop Singh shall remain suspended during pendency of this

case and he be released on bail. The appellant /applicant shall appear before the concerned trial Court on 08.07.2022 and on all subsequent dates, as may be fixed in this regard during the pendency of this appeal.

Accordingly, I.A.No.22777/2021 stands disposed of.

List the case for final hearing in due course.

(SMT. ANJULI PALO) JUDGE

RM

Signature Not Verified SAN

Digitally signed by RAJESH MAMTANI Date: 2022.02.21 18:14:18 IST