Arun Saket vs The State Of Madhya Pradesh
2022 Latest Caselaw 700 MP

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        The High Court Of Madhya Pradesh
                 CRA No. 3287 of 2019
                   (ARUN SAKET Vs THE STATE OF MADHYA PRADESH)

Jabalpur, Dated : 14-01-2022
      Heard through Video Conferencing.

      Mr. D.D. Bhave, learned counsel for the appellant.
      Mr. D.K. Khare, 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.6968/2019 which is first application for suspension of

sentence and grant of bail to the appellant who stands convicted vide judgment dated 02.03.2019 passed by learned Special Judge under the provisions of Protection of Children from Sexual Offences Act, Mauganj, district- Rewa in Special Case No.06/2016 for offences punishable under Sections 363 and 366 of the Indian Penal Code and Section 4 of Protection of Children from Sexual Offences Act and has been sentenced to undergo RI for 3 years, RI for 3 years and RI for 7 years with fine of Rs.500/- on each count and default stipulation.

Learned counsel for the appellant submits that the trial Court has not

considered the evidence on record properly. It is further contended that the appellant is in custody for a period more than three years and 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.

Considering the facts and circumstances of the case and taking into account the custody period of the appellant, without commenting upon the merits of the case, I.A. No.6968/2019 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- Arun Saket shall remain suspended during the pendency of this case and he be released on bail. The appellant shall appear before the Registry of this Court on 02.05.2022 and on all subsequent dates, as may be fixed in this regard during the pendency of this appeal.

Accordingly, I.A.No.6968/2019 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: 2022.01.14 17:28:04 IST