Sunil Nath Alias Tantoo Nath vs The State Of Madhya Pradesh
2022 Latest Caselaw 3857 MP

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    IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
                              CRA No. 946 of 2022
             (SUNIL NATH ALIAS TANTOO NATH Vs THE STATE OF MADHYA PRADESH)

Dated : 21-03-2022
      Mr. Vikas Mahawar, learned counsel for the appellant.
      Mr. Anoop Sonker, learned Panel Lawyer for the respondent/State.

Heard on the question of admission.

Appeal seems to be arguable, hence admitted for hearing. Heard on I.A. No.1492/2022 which is first application for suspension of sentence and grant of bail to the appellant who stands convicted vide judgment

dated 16.12.2021 passed by the Additional Sessions Judge / Special Judge under the Protection of Children from Sexual Offences Act in Special Case No.18/2020 for offences punishable under Sections 366 and 376 (2) (n) of the Indian Penal Code and sentenced to undergo R.I. for five years and ten years, respectively and fine of Rs.500/- and Rs.3,000/-, respectively and default stipulation.

Learned counsel for the appellant submits that the trial Court has failed to appreciate the fact that the prosecutrix was aged about 21 years at the time of the incident which is evident from her Aadhar Card itself. There is clear case of consent. The trial Court has not considered the discrepancies and material

contradictions in the evidence of the witnesses.

Learned Panel Lawyer for the State has opposed the bail application. Heard learned counsel for the parties and perused the record. The age of the prosecutrix is disputed. Hence, looking to the statements of the prosecutrix and her medical evidence, without commenting upon the merits of the case, I.A. No.1492/2022 is allowed. It is directed that on furnishing a personal bond in the sum of Rs.40,000/- (Rupees Forty Thousand Only) with a surety in the like amount to the satisfaction of the trial Court concerned, the remaining part of the substantive jail sentence imposed upon appellant- Sunil Nath @ Tantoo Nath shall remain suspended during the pendency of this case and he be released on bail. The appellant shall appear before the concerned trial Court on 27.07.2022 and on all subsequent dates, as may be fixed in this regard during the pendency of this appeal.

Accordingly, I.A.No.1492/2022 stands disposed of.

List the case for hearing in due course.

(SMT. ANJULI PALO) JUDGE

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Digitally signed by KOUSHALENDRA SHARAN SHUKLA Date: 2022.03.22 06:32:26 -07'00'