Umesh Lodhi vs The State Of Madhya Pradesh
2022 Latest Caselaw 4189 MP

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 2655 of 2022 (UMESH LODHI Vs THE STATE OF MADHYA PRADESH)

Dated : 25-03-2022 Mr. Satyam Agrawal, learned counsel for the appellant.

Mr. D.K. Paroha, learned Government Advocate for the State. Heard on the question of admission.

The appeal is admitted for hearing.

Considered I.A.No.4807/2022, which is first application under Section

389(1) of Cr.P.C. for suspension of sentence and grant of bail on behalf of appellant - Umesh Lodhi.

By the impugned judgment dated 28.02.2022 passed by Special Judge (POCSO) Act, 2012 Raisen (M.P.) in Special Case No.27/2019 whereby the appellant has been convicted for offences under Section 354 of I.P.C. and sentenced to undergo R.I. for 1 year with fine of Rs.1000/- and under Section 8 of POCSO Act and sentenced to under R.I. for 3 years with fine of Rs.1000/-, with default stipulations.

Learned counsel for the appellant/applicant has submitted that appellant

is innocent and has been falsely implicated in the crime in question. The trial Court has not properly appreciated the oral and documentary evidence available on record. Fine amount has already been deposited. Final disposal of this appeal would take considerable time. Therefore, prayer has been made to suspend the sentence of the appellant/applicant.

Learned Government Advocate has opposed the prayer for suspension of sentence.

Considering the overall facts and circumstance of the case and the sentence awarded against the appellant, without commenting on merits of the case, the application is allowed.

It is directed subject to deposit of fine amount, if not already deposited, and on furnishing a personal bond in the sum of Rs.40,000/- (Rupees Forty Thousand Only) with one surety in the like amount to the satisfaction of the

trial Court concerned, the remaining part of the substantive jail sentence imposed upon appellant - Umesh Lodhi shall remain suspended during the pendency of this appeal and he be released on bail.

The appellant shall appear before the concerned trial Court on

03.08.2022 and on all subsequent dates, as may be fixed in this regard during the pendency of this appeal.

Accordingly, I.A.No.4807/2022 stands disposed of. Record of the Court below be requisitioned. List the case for final hearing in due course.

(SMT. ANJULI PALO) JUDGE

shahina

Signature Not Verified SAN

Digitally signed by SHAHINA KHAN Date: 2022.03.26 13:22:42 IST