Suraj vs The State Of Madhya Pradesh
2022 Latest Caselaw 9214 MP

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 8187 of 2021 (SURAJ Vs THE STATE OF MADHYA PRADESH)

Dated : 09-07-2022 Shri Pradeep Singh Chouhan, Advocate for the appellant.

Shri C.M. Tiwari, Government Advocate for the State. Heard on question of admission.

Admit.

Considered I.A.No.23614/2021, which is first application under Section 389(1) Cr.P.C. for suspension of sentence and grant of bail on behalf of the

appellant-Suraj.

B y the impugned judgment dated 21.12.2021 passed by the Exlusive Special Judge, POCSO Act, 2012, District Betul passed in S.T.No.31/2018. The appellant has been convicted under Sections 363, 366 and 376 (2) (n) of the Indian Penal Code and has been sentenced to undergo R.I. for 03 years, R.I. for 10 years and R.I. for 10 years with fine of Rs.500/-, Rs.1,000/- and Rs.1,000/- respectively, with default stipulations.

Learned counsel for the appellant has submitted that learned trial Court committed grave error to convict and sentence to the appellant. He further

submits that the appellant is innocent and has falsely been implicated in the crime in question. He further submits that it is matter of consent. He also submits that appellant was on bail during trial and he did not misuse the liberty granted to him. Appellant is a first offender. The final disposal of instant appeal would take considerable time to conclude. Hence, prayer has been made to Signature Not Verified SAN suspend the jail sentence of the appellant and grant him bail. Digitally signed by NITESH PANDEY Date: 2022.07.11 12:20:19 IST Learned Government Advocate has opposed the prayer for suspension

of sentence.

Looking to the overall facts and circumstances of the case and also considering the age of the appellant who is aged 21 years, final disposal of this appeal would take considerable time, without commenting on merits of the case, the application is allowed.

I t 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 surety in the like amount to the satisfaction of the trial Court concerned, the custodial sentence of appellant- Suraj shall remain suspended and he shall be released on bail for securing his presence

before the trial Court concerned on 05.12.2022 and on such other dates as may be fixed in this regard during pendency of this appeal.

List for final hearing in due course.

(SMT. ANJULI PALO) JUDGE

Nitesh

Signature Not Verified SAN

Digitally signed by NITESH PANDEY Date: 2022.07.11 12:20:19 IST