Tinkal Shukla vs The State Of Madhya Pradesh
2022 Latest Caselaw 9576 MP

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                                                  IN THE HIGH COURT OF MADHYA PRADESH
                                                               AT JABALPUR
                                                                 CRA No. 5675 of 2022
                                                  (TINKAL SHUKLA Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                                     Dated : 13-07-2022
                                           Mr.Jai Shukla, learned counsel for the appellant.

                                           Mr.C.K.Mishra, learned Government Advocate for the respondent/State.

Let record of the court below be requisitioned. Considered I.A.No.12207/2022, which is first application u/s 389(1) Cr.P.C. for suspension of sentence and grant of bail on behalf of appellant- Tinkal Shukla.

It is mentioned in the interlocutory application that trial Court has already suspended the sentence of the appellant till 23.7.2022.

Although record of the court below is not available at present, however, b y the impugned judgment dated 23.6.2022 passed by the Special Judge (POCSO), Sidhi in S.T.No.83/2020 it is clear that the appellant has been convicted for offences 7/8 POCSO Act and sentenced to undergo R.I. for 3 years and fine of Rs.1000/- with default stipulations.

Learned counsel for the appellant submitted that appellant is innocent and has been falsely implicated in the crime in question. The appellant was on bail

during trial. The court below has not properly appreciated the oral and documentary evidence available on record. Final disposal of this appeal would take considerable time. Hence, prayer has been made to suspend the sentence of the appellant.

Learned Panel Lawyer has opposed the prayer for suspension of Signature Not Verified SAN sentence.

Digitally signed by RAJESH MAMTANI Date: 2022.07.13 18:14:22 IST Considering the over all facts and circumstances of the case; the

maximum sentence awarded is only of three years; appellant was on bail during trial; trial court itself has suspended the sentence temporarily; final disposal of this appeal would take considerable time; and 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-Tinkal Shukla shall remain suspended and he shall be released on bail for securing his presence before the trial Court concerned on 08.12.2022 and on such other dates as

may be fixed in this regard.

The appellant shall regularly appear before the trial Court during the pendency of this appeal without fail.

I.A.No.12207/2022 is allowed.

List for admission after four weeks.

(SMT. ANJULI PALO) JUDGE

RM

Signature Not Verified SAN

Digitally signed by RAJESH MAMTANI Date: 2022.07.13 18:14:22 IST