Lakhan vs The State Of Madhya Pradesh
2022 Latest Caselaw 3257 MP

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                                              The High Court Of Madhya Pradesh
                                                       CRA No. 1606 of 2022
                                                      (LAKHAN AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                                   Indore, Dated : 08-03-2022
                                         Shri Amit S. Chouhan, learned counsel for the appellants.

                                         Ms Mamta Shandilya, learned Public Prosecutor for the respondent/ State.

Appeal is admitted for hearing.

Heard on I.A.No.2389/2022, an application for suspension of sentence and grant of bail to appellants - Lakhan, Nilesh and Gokul.

The trial Court has convicted the appellants under Section 11 r/W 12 of

Protection of Children from Sexual Offences Act, 2012 r /W Sec 354(D) and sentenced them to undergo R.I. for two years with fine of Rs.2,000/- each with default stipulation vide judgment of conviction and order of sentence dated 21.01.2022 passed in S.C. No. 48/2020.

Learned counsel for appellant submits that the sentence of the appellants has already been suspended by the trial Court till 22.03.2022 to approach this Court by filing appeal. There is no likelihood of hearing of appeal in near future. In view of aforesaid, learned counsel for the appellants prays for suspension of remaining jail sentence and grant of the bail to the appellant.

Learned counsel appearing for the respondent/State opposes the prayer for suspension of remaining jail sentence and grant of the bail to the appellants.

Looking to the short term of sentence and considering other facts and circumstances of the case, this Court is of the considered view that it is a fit case for suspension of the sentence and grant of bail to the appellants. Hence, without expressing any opinion on merits of the matter I.A.No.2389/2022 is allowed and jail sentence of the appellants shall remain suspended with stringent condition mentioned below:

It is made clear that if appellants were found involved in the same nature of offence or extend any kind of threat to the prosecutrix, then State is free to file an application for cancellation of their suspension of sentence. Signature Not Verified SAN

Digitally signed by SEHAR HASEEN Date: 2022.03.09 10:35:52 IST I t is directed that subject to depositing the fine amount, if already not

deposited, they shall be released on bail, on furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) each along with a solvent surety in the like amount to the satisfaction of trial Court, for their appearance before the Registry of this Court firstly on 11.04.2022, and on such other dates, as may be

fixed by the Registry in this regard, till final disposal of this appeal.

I.A.No.2389/2022 is allowed.

Let the record of the trial Court be called for. List in due course.

C.C. as per rules.

(SATYENDRA KUMAR SINGH) JUDGE

sh

Signature Not Verified SAN

Digitally signed by SEHAR HASEEN Date: 2022.03.09 10:35:52 IST