Neeraj Lodhi vs The State Of Madhya Pradesh
2022 Latest Caselaw 6988 MP

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             IN THE HIGH COURT OF MADHYA PRADESH
                          AT JABALPUR
                            CRA No. 3363 of 2022
              (NEERAJ LODHI Vs THE STATE OF MADHYA PRADESH AND OTHERS)

Dated : 09-05-2022
       Mr. Aseem Dixit, learned counsel for the appellant.

       Ms. Nalini Gurung, learned Panel Lawyer for the respondent/State.

Mr. Jafar Khan, learned counsel for the objector. Heard on the question of admission.

The appeal is admitted for hearing.

Considered I.A.No.6178/2022, which is first application under Section

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

By the impugned judgment dated 31.03.2022 passed by Special Judge, (POCSO) Act, Sagar in Special Case No.162/2021 the appellant has been convicted under Sections 452, 354 and 323 of IPC, Section 8 of POCSO Act and Sections 3(1)(w)(i) & 3(2)(v-A) of SC/ST Act and sentenced to undergo R.I. for 2 years, 1 year, 6 months, 3 years, 2 years and 1 year with fine of Rs.1000/-, Rs.2000/-, Nil, Rs.2000/-, Rs.1000/- & Rs.1000/- respectively, with default stipulations.

Learned counsel for the appellant has submitted that appellant is innocent and has been falsely implicated in the crime in question. The appellant is on bail by the order of trial Court upto 27.05.2022. The final disposal of instant appeal would take considerable time. Hence, prayer has been made to suspend the jail sentence of the appellant and grant him bail.

Learned Panel Lawyer and learned counsel for the objector have opposed the prayer for suspension of sentence.

Considering the nature of allegations; sentence awarded by the trial Court; appellant is on bail by the order of trial Court and final disposal of this appeal would take considerable time, without commenting on merits of the case, the application is allowed.

I t is directed that subject to depositing the fine amount, if not already deposited and on furnishing a personal bond in a sum of Rs.30,000/- (Rupees Thirty Thousand only) with one surety in the like amount to the satisfaction of the trial Court concerned, the custodial sentence of appellant- Neeraj Lodhi shall remain suspended and he shall be released on bail for securing his presence before the trial Court concerned on 06.09.2022 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

shahina

Signature Not Verified SAN

Digitally signed by SHAHINA KHAN Date: 2022.05.10 11:52:53 IST