Gullu @ Santosh Patel vs The State Of Madhya Pradesh
2022 Latest Caselaw 4393 MP

                                     1
                 IN THE HIGH COURT OF MADHYA PRADESH
                              AT JABALPUR
                              CRA No. 2381 of 2022
           (GULLU @ SANTOSH PATEL Vs THE STATE OF MADHYA PRADESH AND OTHERS)

Dated : 29-03-2022
       Mr. Amit Jain, learned counsel for the appellant.

       Ms. Sunanda Kesharwani, learned Panel Lawyer for the State.
       Though served none for the respondent No.2.

Heard on admission.

Appeal seems to be arguable, therefore, admitted for hearing.

Heard on I.A. No. 4297/2022 which is first application filed by the appellant under Section 389 (1) of the Cr.P.C. seeking suspension of sentence and grant of bail.

The appellant has been convicted by the impugned judgment and conviction dated 15.02.2022 passed by Special Judge under the Protection of Children from Sexual Offences Act, district- Sagar in Special Case No.123/2021 whereby the appellant has been convicted for offence punishable under Section 452 of the Indian Penal Code and Section 8 of the Protection of Children from Sexual Offences Act and Sections 3 (1) (w) (i) and Section 3 (2) (v-a) of the Scheduled

Castes and Scheduled Tribes (Prevention of Atrocities) Act and has been sentenced to undergo RI for 2 years with fine Rs.1,000/-, 3 years with fine Rs.2,000/-, 2 years with fine of Rs.1,000/- and 1 year with fine of Rs.1,000/-, respectively and default stipulations.

Learned counsel for the appellant submits that the findings recorded by the trial Court are perverse in the impugned judgment. The trial Court has not considered the evidence on record. The final disposal of this appeal would take considerable time, therefore, the jail sentence of the appellant may be suspended and they may be released on bail.

Learned Panel Lawyer has opposed the application for suspension of sentence and grant of bail.

Looking to the period of jail sentence awarded to the appellant, it is deemed appropriate to suspend the jail sentence of the appellant and to release him on bail, therefore, without commenting on the merits of the case, this application (I.A.

No.4297/2022) is allowed.

I t is directed that execution of remaining jail sentence of the appellant, namely, Gullu @ Santosh Patel shall remain suspended and he shall be released on bail on his furnishing a personal bond in a sum of Rs. 40,000/- (Rupees Forty

Thousand only) with one surety in the like amount to the satisfaction of the trial Court concerned for his appearance before the trial Court on 04.08.2022 and on such other dates as may be fixed in this regard during pendency of this appeal.

List for final hearing in due course.

(SMT. ANJULI PALO) JUDGE

ks

Signature Not Verified SAN

Digitally signed by KOUSHALENDRA SHARAN SHUKLA Date: 2022.03.31 17:16:18 IST