Jitendra Agariya vs The State Of Madhya Pradesh
2022 Latest Caselaw 7302 MP

                                   1
            IN THE HIGH COURT OF MADHYA PRADESH
                         AT JABALPUR
                            CRA No. 292 of 2018
                 (JITENDRA AGARIYA Vs THE STATE OF MADHYA PRADESH)

Dated : 13-05-2022
      Shri S.M. Shukla, learned counsel for the appellant.

      Shri O.P. Patel, learned Panel Lawyer for the State.
      Heard on I.A. No.7004/2022 which is second application filed on behalf
of the appellant for suspension of sentence and grant of bail.
      T h e appellant has been convicted by the impugned judgment dated
31.10.2017

passed by learned first Additional Sessions Judge, Sidhi in Sessions

Case No.20/2016 under Section 5 (k)/6 of the Protection of Children From Sexual Offences Act and sentenced to undergo RI for ten years with fine of Rs.2000/- with default stipulations. Earlier application, namely, I.A. No.2996/2018 was dismissed vide orders dated 16.05.2018.

Learned counsel for the appellant has submitted that the trial Court has n o t considered the evidence on record properly and hence arrived at an erroneous finding. It is also contended that the appellant has already served more than half of the sentence. Therefore, it is prayed that the jail sentence of the appellant may be suspended and he may be released on bail.

Learned Panel Lawyer has opposed the prayer for bail. Looking to the facts and circumstances of the case and statement of the mother of the victim as well as the fact that the appellant has been in custody since 27.12.2015 till today and the appeal would take further a considerable time for disposal, it is deemed fit to suspend the custodial sentence of the appellant and to release him on bail. Therefore, without commenting on the merits, this 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.50,000/- (Rupees Fifty Thousand only) with one surety in the like amount to the satisfaction of the trial Court concerned, the custodial sentence of appellant Jitendra Agariya shall remain suspended and he shall be released on bail for securing his presence before the Registry of this Court on 9.9.2022 and on such other dates as may be fixed in this regard during pendency of this appeal.

The appellant shall regularly appear before the Registry of this Court on each and every date fixed in this regard by the Office without fail.

List the case for final hearing in due course.

(SMT. ANJULI PALO) JUDGE

ks

Signature Not Verified SAN

Digitally signed by KOUSHALENDRA SHARAN SHUKLA Date: 2022.05.13 19:05:49 IST