Sharukh vs The State Of M.P.
2022 Latest Caselaw 335 MP

1 CRA-6281-2021 The High Court Of Madhya Pradesh CRA No. 6281 of 2021 (SHARUKH Vs THE STATE OF M.P.)

Jabalpur, Dated : 06-01-2022 Mr.Ambuj Jain, learned counsel for the appellant.

Ms.Pushpanjali Dwivedi, learned P.L. for the State. Considered I.A.No.18815/2021, which is first application u/s 389(1) Cr.P.C. for suspension of sentence and grant of bail on behalf of appellant- Sharukh.

Vide impugned judgment dated 05.10.2021 passed by ASJ, Berasiya,

District Bhopal in S.C.No.01/2021 the appellant has been convicted for offences under sections 8 of POCSO Act, 2012 and sentenced to R.I. for 3 years with fine of Rs.500/- with default stipulation.

Learned counsel for the appellant submitted that trail Court has failed to appreciate the oral and documentary evident in proper perspective. The matter has been compromised between the parties and, therefore, appellant/accused has been acquitted from offence u/s 323 of IPC and tried the appellant for offence u/s 254 of IPC. Final disposal of the appeal would take considerable time. Therefore, prayer has been made to suspend the

sentence of appellant.

Learned P.L. has opposed the prayer for bail and suspension of sentence.

Considering the over all facts and circumstances of the case; the complainant was aged about seventeen and half years at the time of incident; the appellant has already been granted temporary bail by this Court vide order dated 27.10.2021; appellant has been acquitted from charge under section 323 IPC on the basis of compromise; final disposal of appeal would take considerable time, without commenting on merits of the case, the application is allowed.

It is directed that on depositing fine amount, if not already deposited, on furnishing a personal bond in the sum of Rs.40,000/- (Rupees Forty 2 CRA-6281-2021 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- Sharukh 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.18815/2021 stands disposed of. The appeal is admitted for hearing.

List the case for hearing in due course

(SMT. ANJULI PALO) JUDGE

RM

Signature Not Verified SAN

Digitally signed by RAJESH MAMTANI Date: 2022.01.06 18:41:06 IST