Yusuf vs The State Of Madhya Pradesh
2022 Latest Caselaw 1123 MP

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        The High Court Of Madhya Pradesh
                  CRA No. 760 of 2022
                      (YUSUF Vs THE STATE OF MADHYA PRADESH)

Jabalpur, Dated : 24-01-2022
       Heard through Video Conferencing.

       Shri Ahadulla Usmani, learned counsel for the appellant.
       Ms. Chandrakanta Pal, learned PL for the respondent/State.

Heard on the question of admission.

Appeal seems to be arguable, therefore, admitted for hearing. Record of the Court below be requisitioned.

Heard on I.A. No.1189/2022, which is first application for suspension of sentence and grant of bail to the appellant.

The appellant has been convicted by the trial Court under Section 354 of the IPC (two counts) and Section 11(iv)/12 of the Protection of Children From Sexual Offences Act and sentenced to R.I. for 1 year with fine of Rs. 500/- (two counts) and R.I. for 1 year with fine of Rs.1000/-, with default stipulations.

Learned counsel for the appellant submits that the appellant is innocent and the judgment passed by the Court below against him is perverse and

illegal. It is further submitted that the maximum sentence awarded on the appellant is RI for one year. The disposal of this appeal would take considerable time, hence, it is prayed that the jail sentence of the appellant be suspended and he be released on bail.

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

Looking to the nature of allegation levelled against the appellant and sentence awarded to the appellant, without commenting on merits, the application is allowed.

It is directed that subject to depositing the fine amount, if not already deposited and on furnishing a personal bond in a sum of Rs.40,000/- (Rupees Forty Thousand Only) with one solvent surety in the like amount to the satisfaction of the trial Court concerned, remaining jail sentence

imposed upon appellant- Yusuf shall remain suspended during the pendency of this case and he shall be released on bail.

The appellant shall appear before the trial Court on 22.06.2022 and on all such subsequent dates, as may be fixed in this regard during pendency of this appeal.

List for final hearing in due course.

(SMT. ANJULI PALO) JUDGE

rj

Signature Not Verified SAN

Digitally signed by RAJESH KUMAR JYOTISHI Date: 2022.01.24 17:40:44 IST