Akhlesh vs The State Of Madhya Pradesh
2022 Latest Caselaw 7742 MP

                                                                         1
                                                   IN THE HIGH COURT OF MADHYA PRADESH
                                                                AT JABALPUR
                                                                 CRA No. 5713 of 2019
                                                           (AKHLESH Vs THE STATE OF MADHYA PRADESH)

                                     Dated : 14-06-2022
                                           Shri Sunil Kumar Mishra, learned counsel for the appellant.

                                           Shri    Vijay    Kumar    Shukla,    learned    Panel      Lawyer   for   the
                                     respondents/State.

Heard on I.A.No.4488/2021, which is the second application filed under section 389(1) Cr.P.C. for suspension of sentence and grant of bail to appellant Akhlesh. The first application was dismissed as withdrawn vide order dated

27.06.2020.

T h e appellant herein has been tried and convicted for the offences punishable under section 363 of the IPC and sentenced to undergo R.I. for 5 years with fine of Rs.500/-, under Section 366 of IPC and sentenced to undergo R.I. for 7 years with fine of Rs.500/-, under Section 376 of IPC and sentenced to undergo R.I. for 7 years with fine of Rs.1000/-, and under Section 5(tha)/6 of POCSO Act and sentenced to undergo R.I. for 10 years and fine of Rs.5000/- with default stipulation.

The maximum sentenced imposed by the learned trial Court is of 10

years. The appellant is in jail undergoing sentence since 22.05.2017 as is reflected from paragraph-33 of the judgment of the trial Court.

Under the circumstances, as the appeal is unlikely to be heard in the near future and taking into consideration the fact that the appellant has already completed more than 50% of his jail sentence therefore, the remaining part of Signature Not Verified SAN his jail sentence shall remain suspended. Accordingly I.A.No.4488/2021 is Digitally signed by SHYAMLEE SINGH SOLANKI Date: 2022.06.16 17:24:29 IST allowed.

It is directed that the appellant- Akhlesh shall be enlarged on bail upon his furnishing a personal bond in the sum of Rs.50,000/- (Fifty Thousand Only) with one surety in the like amount to the satisfaction of the learned trial Court.

The jail authorities shall have the appellant checked by the jail doctor to ensure that he is not suffering from the Novel Corona Virus (COVID-19) and if he is, he shall be sent to the nearest hospital designated by the state for treatment. If not, he shall be transported to his place of residence by the jail authorities.

C.C. as per rules.

(ATUL SREEDHARAN) JUDGE

Priya.P

Signature Not Verified SAN

Digitally signed by SHYAMLEE SINGH SOLANKI Date: 2022.06.16 17:24:29 IST