Durgesh Kanade vs The State Of Madhya Pradesh
2022 Latest Caselaw 255 MP

                                  1                               CRA-7451-2021
        The High Court Of Madhya Pradesh
                 CRA No. 7451 of 2021
                (DURGESH KANADE Vs THE STATE OF MADHYA PRADESH)

Jabalpur, Dated : 05-01-2022
      Mr. R.K. Patel, learned counsel for the appellant.

      Mr. Atin Vishwakarma, 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.21851/2021 which is first application for suspension o f sentence and grant of bail to the appellant who stands convicted vide

judgment dated 29.11.2021 passed by 23rd Additional Sessions Judge/ Special Judge under the Protection of Children from Sexual Offences Act, 2012, Bhopal in Special Case No.346/2021 for offences punishable under Sections 363 and 376 (2) (n) of the Indian Penal Code and sentenced to undergo R.I. for five years and 10 years, respectively with fine of Rs.1000/- and Rs.5,000/-, respectively and default stipulation. The appellant has also been convicted under Section 3/4 and 5(L)/6 of the Protection of of Children from Sexual Offences Act.

Learned counsel for the appellant submits that the trial Court has not

considered the evidence on record properly. It is further submitted that the marriage between the appellant and the prosecutrix/victim has already been solemnised and from the said wedlock, there is a male child. It is also submitted 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 the parties and perused the record. After considering the observations made by the trial Court in paragraph 47 of the impugned judgment and considering the facts and circumstances of the case, without commenting upon the merits of the case, I.A. No.21851/2021 2 CRA-7451-2021 is allowed. It is directed that on furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty 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- Durgesh Kanade 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

27.04.2022 and on all subsequent dates, as may be fixed in this regard during the pendency of this appeal.

Accordingly, I.A.No.21851/2021 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: 2022.01.05 18:45:02 IST