Keshav vs The State Of Madhya Pradesh
2022 Latest Caselaw 7400 MP

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 4314 of 2022 (KESHAV Vs THE STATE OF MADHYA PRADESH)

Dated : 17-05-2022 Mr. Abhinav Dubey, learned counsel for the appellant.

Mr. Amit Bhomik, learned Panel Lawyer for the State. Considered I.A.No.8181/2022, 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 29.04.2022 passed by IInd Additional

Session Judge and Special Judge, (POCSO) Act, Sohagpur, District Hoshangabad in Session Trial No.13/2020 the appellant has been convicted under Sections 323 & 354 of IPC and Section 7 read with Section 8 of POCSO Act and sentenced to undergo R.I. for 3 months with fine of Rs.500/-, R.I. for 3 years with fine of Rs.1,000/- and R.I. for 3 years with fine of Rs.1,000/- 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 15.06.2022. Fine amount has been deposited by

him. 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 for the State has opposed the prayer for suspension of sentence.

Heard both the counsel for the parties.

There is an allegation against the appellant that he caught hold the

prosecutrix who was aged about 13 years at the time of incident. It is alleged that during the said incident he also caused injuries to her mother.

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.40,000/- (Rupees Forty Thousand only) with one surety in the like amount to the satisfaction of the trial Court concerned, the custodial sentence of appellant- Keshav shall

remain suspended and he shall be released on bail for securing his presence before the trial Court concerned on 12.09.2022 and on such other dates as may be fixed in this regard during pendency of this appeal.

Record of the Court below be requisitioned. List this case for admission.

(SMT. ANJULI PALO) JUDGE

shahina

Signature Not Verified SAN

Digitally signed by SHAHINA KHAN Date: 2022.05.18 12:42:35 IST