Manoj Dholpuriya vs The State Of Madhya Pradesh
2022 Latest Caselaw 15012 MP

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                                                   IN THE HIGH COURT OF MADHYA PRADESH
                                                                AT JABALPUR
                                                                  CRA No. 7734 of 2022
                                                  (MANOJ DHOLPURIYA Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                                      Dated : 16-11-2022
                                            Shri Mohd. Riyaz, learned counsel for the appellant.

                                            Ms. Vineeta Sharma, learned Panel Lawyer for the respondent/State.

None for the complainant though served.

Heard on the question of admission.

The appeal is admitted for hearing.

Heard on I.A. No. 16632 of 2022, which is the first application filed on

behalf of the appellant for suspension of sentence and grant of bail.

The appellant has been convicted by the impugned judgment passed by trial Court under Section 11(i)/12 r/w 509 of Protection of Children from Sexual Offence Act, 2012 and sentenced to undergo RI for 3 years (fine of Rs.8000/-) with default stipulation.

Learned counsel for the appellant has submitted that the maximum sentence awarded to the appellant is 03 year. It is also submitted that the jail sentence of the appellant was suspended by the trial Court till 26.09.2022 and thereafter this Court vide order dated 08.09.2022 extended the suspension of

the sentence granted by the trial Court till today. Disposal of this appeal would take considerable time, therefore, the custodial sentence of the appellant may be suspended and he may be released on bail.

Learned Panel Lawyer for the State has opposed the prayer for bail. I have heard learned counsel for the parties and perused the record. Signature Not Verified SAN Looking to the nature of offence and period of jail sentence awarded to the Digitally signed by ANUPRIYA SHARMA CHOUBEY Date: 2022.11.17 16:15:04 IST appellant, without commenting on the merits of the case, I deem it to be a fit

case to suspend the custodial sentence of the appellant and to release him on bail, therefore, 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.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 namely Manoj Dholpuriya shall remain suspended and he shall be released on bail for securing his presence before the trial Court on 16.03.2023 and on such other dates as may be fixed in this regard during pendency of this appeal.

The appellant shall regularly appear before the trial Court, on each and

every date, without fail.

List the case for final hearing in due course.

(SMT. ANJULI PALO) JUDGE

anu

Signature Not Verified SAN

Digitally signed by ANUPRIYA SHARMA CHOUBEY Date: 2022.11.17 16:15:04 IST