Children In Conflicw Ith Law A vs The State Of Madhya Pradesh
2022 Latest Caselaw 253 MP

                                   1                              CRR-3270-2021
        The High Court Of Madhya Pradesh
                 CRR No. 3270 of 2021
    (CHILDREN IN CONFLICW ITH LAW A Vs THE STATE OF MADHYA PRADESH AND OTHERS)

Jabalpur, Dated : 05-01-2022
      Shri U.S.Jaiswal, counsel for the applicant.

      Ms. Papiya Ghosh, Panel Lawyer for the respondent/State.

Heard on the question of admission.

This criminal revision is admitted for hearing. Heard on I.A.No. 21617/2021 which is first application for suspension of sentence filed on behalf of appellant who stands convicted vide order

dated 03.08.2021 passed by 4th Addl. Judge, Waidhan, District Singrauli in Session Trial No. 206/2014 arising out of the judgment dated 19.09.2014 passed by the Principal Judge, Juvenile Justice Board, Waidhan in Criminal Case No. 106/2011 for offence punishable under Section 15(1)(cha) of Juvenile Justice (Care and Protection and Children) Act, 2015 and sentenced to stay at special homes for three years.

As per the case of the prosecution, it is alleged that on 01.08.2009, the applicant aged about 16 years (juvenile at the time of incident) committed rape with the minor prosecutrix who was aged 5 years. At present the applicant is

aged above 25 years.

Learned counsel for the applicant submitted that during trial applicant was in custody. He has surrendered before the Board on 13.11.2021 and till date, he has completed about two and a half years of sentence. Disposal of this revision would take considerable time, hence, it is prayed that the sentence of the applicant be suspended and he be released on bail.

Learned Panel Lawyer for the State has opposed the bail application. As per the report of the Probationary Officer, conduct of the applicant is not unsocial and he was not indulging in any bad activities. Overall, the report of the Probationary Officer is received in favour of the applicant.

Considering the overall facts and circumstances of the case and period of sentence undergone by the applicant, without commenting on 2 CRR-3270-2021 merits, the application is allowed.

It is directed that on furnishing a personal bond in the 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 the applicant - Shravan Kumar Bais shall remain suspended during the pendency of this case and he shall be released on bail.

The applicant shall appear before the trial Court concerned on 27.04.2022 and on all such subsequent dates, as may be fixed in this regard.

I.A.No. 21617/2021 stands disposed of.

List for final hearing in due course.

(SMT. ANJULI PALO) JUDGE

vidya Digitally signed by SREEVIDYA Date: 2022.01.05 18:01:56 +05'30'