Shakti Rajput vs The State Of Madhya Pradesh
2022 Latest Caselaw 98 MP

                                            1                           CRA-7016-2021
              The High Court Of Madhya Pradesh
                       CRA No. 7016 of 2021
                      (SHAKTI RAJPUT Vs THE STATE OF MADHYA PRADESH)


Jabalpur, Dated : 03-01-2022
      Mr. Sandeep Kachchi, 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.20820/2021 which is first application for suspension of

sentence and grant of bail to the appellant who stand convicted vide judgment dated 16.11.2021 passed by the Special Judge under the Protection of Children from Sexual Offences Act, Hoshangabad in Special Case No.73/2018. By the impugned judgment the appellant has been convicted for offences punishable under Sections 354-gha, 509 of the Indian Penal Code and Section 11 (i), 11 (iv)/12 the Protection of Children from Sexual Offences Act and has been sentenced to undergo RI for one year (on each count) and fine of Rs.500/- (on each count) and default stipulation.

Learned counsel for the appellant submits that the trial Court had already suspended the jail sentence of the appellant and granted bail to him till 15.12.2021.

Again this Court extended the temporary bail for a period of two months i.e. upto 15.02.2022. It is contended that the trial Court has not considered the evidence on record properly. It is contended that the final disposal of this appeal would take considerable time, hence, the substantive jail sentence of the appellants be suspended and he be granted bail.

Learned Panel Lawyer for the State has opposed the bail application. 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.20820/2021 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 remaining part of the substantive jail sentence imposed upon Appellant - Shakti Rajput shall remain suspended during the pendency of this case and he be released on bail. The appellant 2 CRA-7016-2021 shall appear before the concerned trial Court on 25.04.2022 and on all subsequent dates, as may be fixed in this regard during the pendency of this appeal.

Accordingly, I.A.No.20820/2021 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: 2022.01.03 18:29:52 IST