Citation : 2022 Latest Caselaw 332 MP
Judgement Date : 6 January, 2022
1 CRA-669-2018
The High Court Of Madhya Pradesh
CRA No. 669 of 2018
(AJAY GOND Vs THE STATE OF MADHYA PRADESH)
Jabalpur, Dated : 06-01-2022 Ms. Savita Choudhary, learned counsel for the appellant.
Ms. Priyanka Jain, learned Panel Lawyer for the State.
Heard on I.A.No. 22295/2019, which is the second application for under Section 389(1) Cr.P.C. for suspension of sentence and grant of bail to the appellant - Ajay Gond.
By impugned judgment dated 20.12.2017 passed by the Additional
Sessions Judge, Jabalpur (M.P.) in S.T. No.35/2017 the appellant has been convicted under Section 307 of I.P.C. and Section 8 of the POCSO Act and sentenced to undergo R.I. for 10 years with fine of Rs.500/- and R.I. for 03 years with fine of Rs.500/-, with default stipulations.
Learned counsel for the appellant submits that appellant has already served jail sentence for a period of 04 years 02 months and 26 days. It is also submitted that disposal o f this appeal would take considerable time, hence, it is prayed that the j a i l sentence of the
appellant be suspended and he be released on bail.
Learned Panel Lawyer for the State has opposed the prayer for bail.
As per the report received from the Central Jail, Jabalpur, the appellant has already served jail sentence for a period of 04 years 02 months and 26 days. Nature of injuries are simple as reflected in the medical report and opinion given by the Doctor.
Considering the overall facts and circumstances of the case, without commenting upon the merits of the case, this application is allowed.
I t is directed that subject to depositing the fine amount, if not already deposited and on furnishing a personal bond in a sum of 2 CRA-669-2018 Rs.50,000/-(Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the trial Court concerned, remaining jail sentence imposed upon appellant- Ajay Gond shall remain suspended during the pendency of this case and he shall be released on bail.
The appellant shall appear before the Registry of this Court on 27.04.2022 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
rj
Signature Not Verified SAN
Digitally signed by RAJESH KUMAR JYOTISHI Date: 2022.01.06 17:34:08 IST
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