Deepak vs The State Of Madhya Pradesh
2022 Latest Caselaw 3267 MP

1                            Cr.A.No.2206/2022
                          (Deepak Vs. State of M.P.)

Indore : Dated 8.3.2022
      Shri Akhil Godha, learned counsel for the appellant.
      Shri Ritnesh Raghuvanshi, learned Govt.Advocate for the
respondent/State.

Let record of the trial Court be requisitioned. Heard on I.A.No.3355/2022, an application for suspension of sentence and grant of bail to appellant.

The trial Court has convicted the appellant under Section 342 of IPC and sentenced to undergo two months' RI, under Section 323 of IPC and sentenced to undergo two months RI, under Section 365 of IPC and sentenced to undergo three years RI with fine of Rs.500/-, under Section 354 of IPC and sentenced to undergo three years RS with fine of Rs.200/- and under Section 7/8 of the Protection of Children from Sexual Offences Act and sentenced to undergo three years RI with fine of Rs.300/-, with default stipulation vide judgment of conviction and order of sentence dated 22.2.2022 passed by 1 st Addl.Sessions Judge, Rajgarh (Biaora) in S.T. No.121/2019.

Learned counsel for the appellant submits that the trial Court has not properly appreciated the evidence available on record. The appellant was on bail during trial and he has not misused the liberty granted to him. There is no likelihood of hearing of appeal in near future. In view of aforesaid, learned counsel for the appellant prays for suspension of remaining jail sentence and grant of the bail to the appellant.

Learned counsel appearing for the respondent/State has opposed the prayer.

Considering the rival submissions, material produced on record, there is no likelihood of hearing of appeal in near future, without expressing any opinion on merits of the matter I.A.No.3355/2022 is allowed and jail sentence of the appellant shall remain suspended.

It is directed that subject to depositing the fine amount, if already not deposited, he shall be released on bail, on furnishing a personal bond

(Deepak Vs. State of M.P.)

in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) along with a solvent surety in the like amount to the satisfaction of trial Court, for his appearance before the Registry of this Court firstly on 9.05.2022, and on such other dates, as may be fixed by the Registry in this regard, till final disposal of this appeal.

I.A.No. 3355/2022 is allowed.

List the matter for admission alongwith record. C.C. as per rules.

(Satyendra Kumar Singh) Judge

Patil

Digitally signed by SHAILESH PATIL Date: 2022.03.08 16:53:43 +05'30'