Nishu @ Khuman vs The State Of Madhya Pradesh
2022 Latest Caselaw 78 MP

Citation : 2022 Latest Caselaw 78 MP
Judgement Date : 3 January, 2022

Madhya Pradesh High Court

Nishu @ Khuman vs The State Of Madhya Pradesh on 3 January, 2022

Author: Virender Singh

                                       1




                 HIGH COURT OF MADHYA PRADESH
                       Criminal Appeal No. 5854/2021

     (Nishu @ Khuman and another Vs. State of Madhya Pradesh)

JABALPUR; Dated 03.01.2022


        Shri Pradeep Naveriya, counsel for the appellants.
        Ms. Seema Pandey, Panel Lawyer for the State.
        Heard on admission.
        Admit.
        Let the record of the court below be called for.
1.

Heard on I.A. No.17756/2021, which is an application under Section 389(1) of Cr.P.C. for suspension of sentence on behalf of the appellants.

2. The appellants have been convicted and sentenced as under-

     Convicted under                    Sentenced to
     Section

354 read with 34 Undergo R.I. For 3 years and to pay fine of I.P.C. Rs.1000/- and in default of payment of fine, to suffer R.I. for three months.

9 (G) POCOS Undergo R.I. For 5 years and to pay fine of Rs.3000/- and in default of payment of fine, to suffer R.I. for SIX months.

3. During the trial the appellants have been granted bail and they have not misused the liberty of bail. The fine amount has been deposited. The appellants are permanent residents of district Tikamgarh and are ready to furnish adequate surety and shall abide by all the directions and conditions which may be imposed by the Court.

3. In view of the statement of father of prosecutrix and its appreciation in paragraph 22 of the judgment, I.A. No.17756/2021 is allowed.

4. It is directed that on deposition of fine amount, if not deposited and also on furnishing personal bond of Rs.25,000/- (Rupees Twenty Five Thousand Only) each with one solvent surety in the like amount to the satisfaction of the trial Court for his appearance before the trial Court on

21st March, 2022 and on all other subsequent dates, as may be fixed by the Registry in this behalf, the execution of substantial jail sentence imposed on the appellants Nishu @ Khuman and Sunder Ahirwar shall remain suspended, till final disposal of this appeal.

5. List the matter for final hearing in due course.

(Virender Singh) JUDGE VIVEK

Digitally signed by VIVEK KUMAR TRIPATHI Date: 2022.01.04 10:26:26 +05'30'