Raju Jatav vs The State Of Madhya Pradesh
2022 Latest Caselaw 1168 MP

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        The High Court Of Madhya Pradesh
                 CRA No. 6965 of 2021
                    (RAJU JATAV Vs THE STATE OF MADHYA PRADESH)

Jabalpur, Dated : 25-01-2022
      Heard through Video Conferencing.

      Mr. Ishan Soni, learned counsel for the appellant.
      Ms. Vibha Pathak, learned Panel Lawyer for the respondent/State.

Record of Court below is available.

Heard on the question of admission.

The appeal is admitted for hearing.

Also heard on I.A.No.21850/2021, an application under section 389(1) of Cr.P.C. for suspension of sentence and grant of bail filed on behalf of appellant - Raju Jatav.

By the impugned judgment dated 05.08.2021 passed in Session Trial

No.504/2018, the 23r d Additional Sessions Judge/Special Judge (POCSO), Bhopal (M.P.) convicted the appellant under Section 7/8 of POCSO Act, 2012 and Sections 354-A, 451 of I.P.C. and sentenced to undergo R.I. 3 years, 1 year and 1 year with fine of Rs.1,000/-, Rs.1000/- and Rs.1000/- respectively with default stipulation.

Learned counsel for the appellant submitted that appellant is innocent and has been falsely implicated in the crime in question. The trial Court has not properly appreciated the evidence available on record and proceeded to passed the impugned judgment. The appellant is in jail since 05.08.2021. The final disposal of instant appeal would take considerable time. Therefore, prayer has been made to suspend the jail sentence of the appellant.

Learned Panel Lawyer has opposed the prayer for suspension of sentence and grant of bail.

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

I t is directed that on depositing the fine amount, if not already

deposited, and on furnishing a personal bond in the sum of Rs.40,000/- (Rupees Forty 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 Jatav shall remain suspended during the pendency of this case and he be released on bail.

The appellant shall appear before the trial Court on 23.06.2022 and on

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

Accordingly, I.A.No.21850/2021 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: 2022.01.27 18:34:17 IST