Shankar Adiwasi vs The State Of Madhya Pradesh
2022 Latest Caselaw 761 MP

The High Court Of Madhya Pradesh CRA No. 7747 of 2021 (SHANKAR ADIWASI Vs THE STATE OF MADHYA PRADESH)

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

Shri Kuldeep Singh Rajput, learned counsel for the appellant. Ms. Seema Jaiswal, learned Panel Lawyer for the State. Heard on the question of admission.

This criminal appeal is admitted for hearing. Heard on I.A.No. 22473/2021, which is the first application for under

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

By impugned judgment dated 25.11.2021 passed by the Special Judge (POCSO Act, 2012)/9th Additional Sessions Judge, Sagar (M.P.) in Special Case No.243/2021 the appellant has been convicted under Section 7/8 of the POCSO Act and sentenced to undergo R.I. for 3 years with fine of Rs.1000/-, with default stipulation.

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 appellant has been sentenced to undergo RI for only three years. Appellant is on bail till 24.01.2022. 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. The 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 24.01.2022. The appellant is the first offender.

Looking to the overall facts and circumstances of the case and considering the fact that appeal will take time for its final disposal, 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- Shankar Adiwasi 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 17:57:10 IST