Santosh Ojha vs The State Of Madhya Pradesh
2022 Latest Caselaw 8472 MP

                                       1
                 IN THE HIGH COURT OF MADHYA PRADESH
                              AT GWALIOR
                               CRA No. 3041 of 2020
                 (SANTOSH OJHA AND OTHERS Vs THE STATE OF MADHYA PRADESH)

Dated : 27-06-2022
       Shri S.S. Rajput, learned counsel for the appellants.

       Ms. Abha Mishra, learned Public Prosecutor for the respondent-State.

Heard on I.A. No. 3014/2022, which is sixth application under Section 389(1) Cr.P.C. for suspension of sentence and grant of bail to the appellant No.2- Narendra Ojha.

This Criminal Appeal assails the judgment dated 17/03/2020 passed in

Special Case No.130/2017 passed by Special Judge (POCSO Act)/IInd Additional Sessions Judge, District Guna (M.P.) whereby, appellant No.2 stand convicted under Sections 363, 366-A of IPC and Section 16/17 of POCSO Act and sentenced him to undergo five-five years RI with a fine of Rs.5000/ respectively-, with default stipulations.

Learned counsel for the appellants submits that the trial Court has wrongly convicted the appellant No.2 without proper appreciation of facts of the case. Appellant No.2 has suffered total around 20 months of jail incarceration as against five years sentence awarded. There is no role of the

appellant in the commission of alleged offences. It is also submitted that final hearing of this appeal will take long time. Hence, prayed to suspend the jail sentence and grant of bail to the appellant No.2.

Counsel for the State vehemently opposed the application and prayed for its rejection.

Heard learned counsel for the parties and perused the materials available on record.

Considering the arguments advanced by learned counsel for the parties, without commenting on merits of the case, I.A. No.3014/2022 is hereby allowed. Subject to depositing of fine amount, if not already deposited, and on furnishing personal bond of Rs.1,00,000/- (Rupees One Lakh only) with a solvent surety of the like amount to the satisfaction of the concerned trial Court, the remaining jail sentence of appellant No.2- Narenda Ojha shall remain suspended and he be released on bail. The appellant is further directed to mark his appearance before the Office of this Court o n 05/09/2022 and on subsequent dates given by the Office in this regard, till final disposal of this appeal.

List the case for final hearing in due course. A copy of this order be sent to the concerned Court below for compliance.

Certified copy/ e-copy as per rules/directions.

(RAJEEV KUMAR SHRIVASTAVA) JUDGE

Prachi

PRACHI MISHRA 2022.06.28 11:04:19 +05'30'