Abhayraj Singh vs The State Of Madhya Pradesh
2022 Latest Caselaw 465 MP

                                            1                             CRA-4902-2021
            The High Court Of Madhya Pradesh
                     CRA No. 4902 of 2021
                     (ABHAYRAJ SINGH Vs THE STATE OF MADHYA PRADESH)

Jabalpur, Dated : 10-01-2022
      Heard through Video Conferencing.

      Mr. Sanjay Singh, 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.15135/2021 which is first application for suspension of

sentence and grant of bail to the appellant who stands convicted vide judgment dated 09.08.2021 passed by the Special Judge under Special Judge under the Protection of Children from Sexual Offences Act, 2012 in Special Case No.29/2020 (old Special Case No.35/2017) for offences punishable under Sections 342 and 354 of the Indian Penal Code and Section 7 read with Section 8 of the Protection of Children from Sexual Offences Act, 2012 sentenced to undergo SI for three months, two years and three years, respectively and fine of Rs.300/-, Rs.500/- and Rs.1,000/-, respectively.

Learned counsel for the appellant submits that the appellant has been sentenced to undergo only SI up to for three years. It is contended that the trial Court has not

considered the evidence on record properly. 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. This Court vide order dated 10.12.2021 extended the temporary bail granted to the appellant till 05.03.2022. 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.15135/2021 is allowed. It is directed that on furnishing a personal bond in the sum of Rs.40,000/- (Rupees Forty 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- Abhayraj Singh shall remain suspended during the pendency of this case and he be released on 2 CRA-4902-2021 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 during the pendency of this appeal.

Accordingly, I.A.No.15315/2021 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: 2022.01.10 19:04:29 IST