Citation : 2022 Latest Caselaw 377 MP
Judgement Date : 7 January, 2022
1 CRA-8205-2021
The High Court Of Madhya Pradesh
CRA No. 8205 of 2021
(SHEIKH HATIM Vs STATE OF MADHYA PRADESH)
Jabalpur, Dated : 07-01-2022
Mr. Rajvardhan Singh, learned counsel for the appellant.
Ms. Geeta Yadav, learned P.L. for the State.
Considered I.A.No.23863/2021, which is first application u/s
389(1) Cr.P.C. for suspension of sentence and grant of bail on behalf of
appellant - Sheikh Hatim.
Vi d e impugned judgment dated 13.11.2021 passed by Special
Judge POCSO Act, District Umaria (M.P.) in S.C.No.28/2018 the
appellant has been convicted for offences under Sections 452, 354 (kha)
of I.P.C. and sentenced to R.I. for 1 year with fine of Rs.200/-, and under
Section 7/8 of POCSO Act and sentenced to R.I. for 3 years with fine of
Rs.300/-, with default stipulations.
Learned counsel for the appellant submitted that appellant is aged
about 73. Therefore, prayer has been made to suspend the sentence of
appellant.
Learned Panel Lawyer has opposed the prayer for bail and
suspension of sentence.
Looking to the sentence awarded against the appellant, 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 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 - Sheikh Hatim 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
28.04.2022
and on all subsequent dates, as may be fixed in this regard 2 CRA-8205-2021 during the pendency of this appeal.
Accordingly, I.A.No.23863/2021 stands disposed of. Record of Court below be requisitioned. List the case after four weeks.
(SMT. ANJULI PALO) JUDGE
shahina
Signature Not Verified SAN
Digitally signed by RAJESH MAMTANI Date: 2022.01.10 16:51:24 IST
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