Sonu Alias Somnath vs The State Of Madhya Pradesh
2022 Latest Caselaw 759 MP

The High Court Of Madhya Pradesh CRA No. 4248 of 2021 (SONU ALIAS SOMNATH Vs THE STATE OF MADHYA PRADESH)

Jabalpur, Dated : 17-01-2022 Heard through Video Conferencing.

Shri S.K. Patel, learned counsel for the appellant. Shri K.K. Verma, learned Panel Lawyer for the State. Heard on the question of admission.

This criminal appeal is admitted for hearing. Heard on I.A.No. 13187/2021, which is the first application for under

Section 389(1) Cr.P.C. for suspension of sentence and grant of bail to the appellant - Sonu @ Somnath.

By impugned judgment dated 13.07.2021 passed by the Special Judge (POCSO Act, 2012), Panna (M.P.) in Special Case No.28/2019 the appellant has been convicted under Sections 363, 366-A & 354 of the I.P.C. and Section 7/8 of the POCSO Act and sentenced to undergo R.I. for 3 years with fine of Rs.1000/-, R.I. for 3 years with fine of Rs.1000/-, R.I. for 1 year with fine of Rs.500/- and R.I. for 3 years with fine of Rs.1000/- respectively, with default stipulations.

Learned counsel for the appellant submits that the appellant is innocent and the judgment passed by the Court below against him is perverse and illegal. It is further submitted that the maximum sentence awarded on the appellant is RI for three years. Appellant is on bail till 15.02.2022. The disposal of this appeal would take considerable time, hence, it is prayed that the jail sentence of the appellant be suspended and he be released on bail.

Learned Panel Lawyer for the State has opposed the prayer for bail. T he jail sentence of the appellant has been suspended by the trial Court till 25.11.2021 and the same has been extended by the Co-ordinate Bench of this Court till 15.02.2022. The appellant is the first offender.

Looking to the nature of allegation levelled against the appellant and sentence awarded to the appellant, without commenting on merits, the

application is allowed.

It is directed that subject to depositing the fine amount, if not already deposited and on furnishing a personal bond in a sum of Rs.40,000/- (Rupees Forty Thousand Only) with one solvent surety in the like amount to the satisfaction of the trial Court concerned, remaining jail sentence imposed upon appellant- Sonu @ Somnath shall remain suspended during

the pendency of this case and he shall be released on bail.

The appellant shall appear before the Registry of this Court on 02.05.2022 and on all such subsequent dates, as may be fixed in this regard during pendency of this appeal.

List for final hearing in due course.

(SMT. ANJULI PALO) JUDGE

rj

Signature Not Verified SAN

Digitally signed by RAJESH KUMAR JYOTISHI Date: 2022.01.18 17:57:09 IST