Gullu Alias Suklu Yadav vs The State Of Madhya Pradesh
2022 Latest Caselaw 14313 MP

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                                                IN THE HIGH COURT OF MADHYA PRADESH
                                                             AT JABALPUR
                                                                  CRA No. 1217 of 2020
                                            (GULLU ALIAS SUKLU YADAV Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                                   Dated : 04-11-2022
                                          Shri V.K. Shukla, learned counsel for the appellant.

                                          Shri Anoop Sonkar, learned Panel Lawyer for the respondent/State.

H e a r d on I.A.No.19641/2022, which is second application for suspension of sentence on behalf of appellant Gullu @ Suklu Yadav for suspension of sentence and grant of bail. Earlier bail application was dismissed as withdrawn vide order dated 13.07.2022.

Vide judgment dated 09.11.2020 passed by the Special Judge POCSO Act, 1989, Chhindwara District Chhindwara in S.C. No. 51/2018 for offences punishable under Sections 454 of the Indian Penal Code and sentenced to undergo R.I. for 3 years with fine of Rs. 1,000/- and Section 8 of the POCSO Act and sentenced to undergo R.I. for 3 years with fine of Rs. 1,000/- respectively with default stipulations.

Learned counsel for the appellant submitted that appellant is innocent and has been falsely implicated in the crime in question. The trial Court has not properly appreciated the oral and documentary evidence available on record. The appellant is young aged about 25 years. He was on bail during trial. The

final disposal of this appeal would take considerable time. Hence, prayer has been made to suspend the jail sentence of the appellant.

On the contrary, learned Panel Lawyer strongly opposed the contentions of the applicant.

Considering the over all facts and circumstances of the case; the allegations against the appellant and nature of offence and also custody period, Signature Not Verified SAN

this Court is not inclined to suspend the jail sentence of appellant at this Digitally signed by ROSHNI SINGH Date: 2022.11.10 13:29:27 IST

juncture. However, appellant is at liberty to renew his prayer after 6 months.

Accordingly, I.A.No.19641/2022 is dismissed.

(SMT. ANJULI PALO) JUDGE

R

Signature Not Verified SAN

Digitally signed by ROSHNI SINGH Date: 2022.11.10 13:29:27 IST