Raju Sahariya vs The State Of Madhya Pradesh
2022 Latest Caselaw 4218 MP

                                                        01Cr.A.2562/21

              HIGH COURT OF MADHYA PRADESH

                         Cr.A. No. 2562/2021

              (Raju Sahariya & Anr. vs. State of M.P. )

Gwalior, Dated: 25.03.2022
       Shri D.S.Tomar, learned counsel for the appellants.

       Shri Naval Kishore Gupta, learned Public Prosecutor for the

respondent/State.

Per Justice Deepak Kumar Agarwal:

IA.No.30230/2021, IInd application u/Sec. 389(1) of Cr.P.C.

for suspension of sentence and grant of bail filed on behalf of

appellant No.2 - Rajkumar Panthi is taken up and considered.

This criminal appeal assails the judgment dated 8th February,

2021 passed in S.T.No.53/2015 by the First Additional Sessions

Judge/Special Judge (POCSO ACT), Ganjbasoda, District Vidisha

whereby appellant has been convicted and sentenced as under with

default stipulation :-

      Sections (IPC)         Imprisonment                    Fine
363                      three years RI          Rs.500/- with default
                                                 stipulation
366-A                    five years RI        Rs.1000/- with default
                                              stipulation

It is submitted by learned counsel for the appellant that first

application for suspension of sentence was dismissed as withdrawn

vide order dated 09.09.2021.

It is submitted by learned counsel for he appellant that during

trial the appellant was in custody for 183 days and from the date of 02Cr.A.2562/21

judgment, i.e., 08.02.2021 till today he is in custody.

Learned counsel for the State opposed the application and

prayed for its rejection by contending that on the basis of the

allegations and the material available on record, no case for grant of bail

is made out.

Considering the facts and circumstances of the case, but

without commenting anything on the merits of the case,

IA.No.30230/2021 is allowed and it is directed that jail sentence of

appellant No.2 - Rajkumar Panthi will remain under suspension

subject to verification that the amount of fine has been deposited, on

appellant's furnishing bail bond of Rs.50,000/- (Rupees Fifty

Thousand Only) with one solvent surety of the like amount to the

satisfaction of concerned Trial Court for his appearance before the

Principal Registrar of this Court on 27th June, 2022 and thereafter on

such further dates as may be fixed by the office of this Court in this

regard till disposal of the appeal.

C.c. as per rules.

 (Rohit Arya)                          (Deepak Kumar Agarwal)
   Judge                                        Judge


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