Shubham Balmik vs The State Of Madhya Pradesh
2022 Latest Caselaw 466 MP

                                  1                              CRA-6821-2021
        The High Court Of Madhya Pradesh
                 CRA No. 6821 of 2021
           (SHUBHAM BALMIK Vs THE STATE OF MADHYA PRADESH AND OTHERS)

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

      Mr. A.S. Parihar, learned counsel for the appellant.
      Ms. Seema Jaiswal, 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.20279/2021 which is first application for suspension

o f sentence and grant of bail to the appellant who stands convicted vide judgment dated 27.10.2021 passed by the Special Judge under Special Judge under the Protection of Children from Sexual Offences Act, 2012 in Special Case No.152/2019 for offences punishable under Section 354 of the Indian Penal Code and Section 8 of the Protection of Children from Sexual Offences Act, 2012 sentenced to undergo RI for one year and three years, respectively and fine of Rs.1,000/- and Rs.2,000/- respectively.

Learned counsel for the appellant submits that the appellant has been sentenced to undergo only RI 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 22.11.2021 extended the temporary bail granted to the appellant till 26.01.2022. 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.20279/2021 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 2 CRA-6821-2021 remaining part of the substantive jail sentence imposed upon appellant- Shubham Balmik 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 during the pendency of this appeal.

Accordingly, I.A.No.20279/2021 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 19:07:15 IST