Sitaram Rathore vs The State Of Madhya Pradesh
2022 Latest Caselaw 1361 MP

                                            1
             The High Court Of Madhya Pradesh
                      CRA No. 7560 of 2021
               (SITARAM RATHORE Vs THE STATE OF MADHYA PRADESH AND OTHERS)

Jabalpur, Dated : 31-01-2022
      Heard through Video Conferencing.

      Mr. Sharad Verma, learned counsel for the appellant.
      Ms. Chandrakanta Pal, learned Panel Lawyer for the respondent/State.

Heard on the question of admission.

Appeal seems to be arguable, hence admitted for hearing. Heard on I.A.No.22088/2022 which is first application for suspension of

sentence and grant of bail to the appellant who stands convicted vide judgment dated 30.11.2021 passed by the Special Judge under the Protection of Children from Sexual Offences Act in Special Case No.84/2021 for offences punishable under Sections 343, 363, 366-A and 376 (2) (N)/109 of the Indian Penal Code and sentenced to undergo R.I. for 6 months, 3 years, 5 years and 10 years, respectively with fine of Rs.1,000/-, Rs.1,000/-, Rs.1,000/- and Rs.10,000/-, respectively and default stipulation.

Learned counsel for the appellant submits that the impugned judgment of conviction and sentence has been passed by the trial Court contrary to the evidence and facts available on record. It is further contended that conviction is based on the

testimony of the prosecutrix but on perusal of the statements of the prosecutrix, it is apparent she has not stated anything incriminating against the appellant. It is also submitted that 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. I have heard learned counsel for parties and perused the record. From perusal of testimony of the prosecutrix, it is apparent that the main allegations are against Santosh @ Basanta. Considering the findings recorded by the trial Court in paragraph 33 of the impugned judgment, without commenting upon the merits of the case, I.A. No.22088/2021 is allowed. It is directed that 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- Sitaram Rathore 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 27.06.2022 and on all subsequent dates, as may be fixed in this regard during the pendency of this appeal.

Accordingly, I.A.No.22088/2021 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: 2022.02.01 16:50:17 IST