Akhilesh vs The State Of Madhya Pradesh
2022 Latest Caselaw 4335 MP

1                            Cr.A.No.2708/2022
                        (Akhilesh Vs. State of M.P.)

Indore : Dated 28.3.2022
      Shri Manish Joshi, learned counsel for the appellant.
      Ms. Mamta Shandilya, learned Govt.Advocate for the
respondent/State.

Let record of the trial Court be requisitioned. Heard on I.A.No.4137/2022, application for suspension of sentence and grant of bail to appellant.

The trial Court has convicted the appellant under Section 363 of IPC and sentenced to undergo three years' RI with fine of Rs.1,000/-, under Section 354 of IPC and sentenced to undergo one year RI with fine of Rs.1,000/- 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.1,000/- with default stipulation, vide judgment of conviction and order of sentence dated 17.2.2022 passed by Addl.Sessions Judge, Tarana, District Ujjain in CIS No.ST/15/2020.

Learned counsel for the appellant submits that learned trial Court has committed an error in holding the appellant guilty for the aforesaid offences. Learned counsel for the appellant further 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.

(Akhilesh Vs. State of M.P.)

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

Considering the rival submissions, the sentence imposed on the appellant and also other facts and circumstances of the case and there is no likelihood of hearing of appeal in near future, without expressing any opinion on merits of the matter I.A.No.4137/2022 is allowed and jail sentence of the appellants shall remain suspended.

It is directed that subject to depositing the fine amount, if already not deposited, they shall be released on bail, on furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) each along with separate solvent sureties in the like amount to the satisfaction of trial Court, for their appearance before the Registry of this Court firstly on 09.05.2022, and on such other dates, as may be fixed by the Registry in this regard, till final disposal of this appeal.

I.A.No.4137/2022 is allowed.

List for admission alongwith record.

C.C. as per rules.

(Satyendra Kumar Singh) Judge

Patil

Digitally signed by SHAILESH PATIL Date: 2022.03.29 10:06:58 +05'30'