Raju Basene vs The State Of Madhya Pradesh
2022 Latest Caselaw 1061 MP

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        The High Court Of Madhya Pradesh
                 CRA No. 5076 of 2018
                   (RAJU BASENE Vs THE STATE OF MADHYA PRADESH)

Jabalpur, Dated : 21-01-2022
      Heard through Video Conferencing.

      Ms. Pooja Gajra, learned counsel for the appellant.
      Mr. D.K. Khare, learned Panel Lawyer for the respondent/State.

Heard on I.A.No.16068/2021 which is first application for suspension o f sentence and grant of bail to the appellant who stands convicted vide judgment dated 11.06.2018 passed by the first Additional Sessions Judge,

Balaghat in ST No.300312/2015 for offences punishable under Sections 363, 366 (A) and 376 (2) (n) of the Indian Penal Code and Section 4 of the Protection of Children from Sexual Offence Act and sentenced to undergo R.I. for 2 years with fine of Rs.1,000/-, 5 years with fine of Rs.1,000/-, 10 years with fine of Rs.10,000/- and and 10 years with fine of Rs.10,000/-, respectively with stipulated default. His earlier application I.A. No.6188/2019 which was for grant of temporary bail was rejected vide order dated 24.04.2019.

Learned counsel for the appellant submits that the trial Court has not

considered the evidence on record properly. The appellant has already served more than half of the sentence awarded to him. It is contended that the appellant remained in custody from 04.11.2015 till 11.06.2018 and thereafter he remain in custody from the date of judgment i.e. 11.06.2018 till today i.e. more than six years. The final disposal of this appeal would take considerable time, hence, the substantive jail sentence of the appellant be suspended and he be granted bail.

Learned Panel Lawyer for the State has vehemently opposed the bail application.

Considering the facts and circumstances of the case and taking into account the period of sentence imposed on the appellant as well as the custody period already undergone by the appellant, without commenting

upon the merits of the case, I.A. No.16068/2021 is allowed. It is directed that on furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with a Surety in the like amount to the satisfaction of the trial Court concerned, the remaining part of the substantive jail sentence imposed upon appellant- Raju Basene 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 21.06.2022 and on all subsequent dates, as may be fixed in this regard during the pendency of this appeal.

It is made clear that if it is found that the counsel for the appellant is not ready for final arguments in the appeal, this order of suspension of sentence may be recalled.

Accordingly, I.A.No.16068/2021 stands disposed of. List the case for hearing in due course.

(SMT. ANJULI PALO) JUDGE

ks

Signature Not Verified SAN

Digitally signed by KOUSHALENDRA SHARAN SHUKLA Date: 2022.01.21 18:03:00 IST