Sikendar vs The State Of Madhya Pradesh
2022 Latest Caselaw 1170 MP

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                                              The High Court Of Madhya Pradesh
                                                       CRA No. 8300 of 2021
                                                           (SIKENDAR Vs THE STATE OF MADHYA PRADESH)

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

                                             Shri Neeraj Jain, learned counsel for the appellant.
                                             Shri Deepak Bhatiya, learned Deputy Government Advocate for the
                                      respondent/State.

Heard on I.A.No.23984/2021, an application for condonation of delay. As per office report, the appeal is time barred by 1415 days. Proper

reasons have been mentioned in the application. Cause of delay seems proper and sufficient.

I.A.No.23984/2021 is allowed. Delay is hereby condoned. Heard on the question of admission.

Appeal seems to be arguable, therefore, admitted for hearing. Heard on I.A. No.23983/2021, which is first application for suspension of sentence and grant of bail to the appellant.

The appellant is in jail since 11.12.2021. The appellant has been convicted by the trial Court under Section 7/8 of POCSO Act and sentence

to RI for 3 years and Section 342 of IPC and sentence to RI for 3 months and Section 506-II of IPC and sentence to RI for 6 months 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 three years. 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 Signature Not Verified SAN and sentence awarded to the appellant, without commenting on merits, the Digitally signed by ANUPRIYA SHARMA CHOUBEY Date: 2022.01.27 10:23:05 IST

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- Sikendar 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 23.06.2022 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

anu

Signature Not Verified SAN

Digitally signed by ANUPRIYA SHARMA CHOUBEY Date: 2022.01.27 10:23:05 IST