Nand Kishore vs The State Of Madhya Pradesh
2022 Latest Caselaw 2852 MP

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           The High Court Of Madhya Pradesh
                    CRA No. 1739 of 2022
                       (NAND KISHORE Vs THE STATE OF MADHYA PRADESH)

Jabalpur, Dated : 28-02-2022
       Mr. Wakeel Khan, learned counsel for the appellant.

       Ms. Geeta Yadav, 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.2990/2022, which is first application under section

389(1) of Cr.P.C. for suspension of sentence and grant of bail on behalf of applicant- Nand Kishore.

B y the impugned judgment dated 25.01.2022 passed by IInd ASJ, Lakhnadoun, District Seoni (M.P.) in Special Case No.45/2021 the applicant has been convicted for offences under Section 354 of IPC and Section 7 read with Section 8 of POCSO Act and sentenced to undergo R.I. for 3 years with fine of Rs.1,000/- and R.I. for 3 years with fine of Rs.2,000/- respectively with default stipulations.

Learned counsel for the appellant/applicant has submitted that appellant is

innocent and has been falsely implicated in the crime in question. The trial Court has not properly appreciated the oral and documentary evidence available on record. The appellant has deposited the fine amount and his sentence has been suspended till 25.03.2022. Final disposal of this appeal would take considerable time. Therefore, prayer has been made to suspend the sentence of the appellant/applicant.

Learned Panel Lawyer has opposed the prayer for bail. Considering the overall facts and circumstances of the case and final disposal of 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 - Nand Kishore shall remain suspended during the pendency of this case and he be released on bail.

The appellant shall appear before the concerned trial Court on 18.07.2022

and on all subsequent dates, as may be fixed in this regard during the pendency of this appeal.

Accordingly, I.A.No.2990/2022 stands disposed of. List the case for final hearing in due course.

(SMT. ANJULI PALO) JUDGE

shahina

Signature Not Verified SAN

Digitally signed by SHAHINA KHAN Date: 2022.02.28 18:14:04 IST