Manoj Nema vs The State Of Madhya Pradesh
2022 Latest Caselaw 337 MP

                                  1                              CRA-6662-2021
          The High Court Of Madhya Pradesh
                   CRA No. 6662 of 2021
                  (MANOJ NEMA Vs THE STATE OF MADHYA PRADESH)

Jabalpur, Dated : 06-01-2022
      Mr. Vikas Sharma, learned counsel for the appellant.

      Ms. Anchan Pandey, 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.19813/2021 which is first application for suspension o f sentence and grant of bail to the appellant who stands convicted vide

judgment dated 30.10.2021 passed by the Special Judge under the Protection of Children from Sexual Offences Act, Narsinghpur, in Special Case No.181/2017 for offences punishable under Section 354 of the Indian Penal Code and Section 7/8 of the Protection of Children from Sexual Offences Act and sentenced to undergo R.I. for one year and three years, respectively with fine of Rs.1,000/- on each count and default stipulation.

Learned counsel for the appellant submits that the maximum sentence awarded on the appellant is RI for three years. It is contended that the trial Court has not considered the evidence on record properly. It is further

contended that 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.

Considering the facts and circumstances of the case and taking into account the period of sentence imposed on the appellant, without commenting upon the merits of the case, I.A. No.19813/2021 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- Manoj Nema shall remain suspended 2 CRA-6662-2021 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.19813/2021 stands disposed of. List the case for hearing in due course.

(SMT. ANJULI PALO) JUDGE

ks

Signature Not Verified SAN

Digitally signed by RAJESH MAMTANI Date: 2022.01.06 18:51:42 IST