Raju vs The State Of Madhya Pradesh
2022 Latest Caselaw 13580 MP

1                             Cr.A.No.9086/2022
                          (Raju Vs. State of M.P.)

Indore : Dated 14.10.2022
      Shri Nilesh Dave, learned counsel for the appellant.
      Shri       Rajesh   Joshi,   learned    Govt.Advocate    for   the
respondent/State.

Let record of the trial Court be requisitioned. Heard on I.A.No.13145/2022, first application for grant of suspension of sentence filed on behalf of appellant.

The trial Court has convicted the appellant under Section 354 of IPC and sentenced to undergo one years' RI with fine of Rs.1,000/- and under Section 7/8 ofthe Protection of Children from Sexual Offences Act and sentenced to undergo three years' RI with fine of Rs.1,000/-, with default stipulation, vide judgment of conviction and order of sentence dated 24.9.2022 passed by Special Judge (POCSO Act), Barwah, District Mandleshwar in Special S.C.No.68/2020.

Learned counsel for the appellant submits that learned trial Court has committed error in holding the appellant guilty for the aforesaid offences. Appellant was on bail during trial and he has not misused the liberty granted to him. Appellant has falsely been implicated in the matter. There are material contradictions and omissions in the statements of the prosecution witnesses. There is no likelihood of hearing of appeal in near future. In view of aforesaid, learned counsel for the appellant prays for suspension of remaining jail sentence and grant of the bail to the appellant.

(Raju Vs. State of M.P.)

Learned counsel appearing for the respondent/State has opposed the prayer and submits that looking to the nature of allegations the appellant is not entitled for bail.

Having considered the rival submissions and also considering the overall material produced on record, there is no likelihood of hearing of appeal in near future, but without expressing any opinion on merits of the case, the application I.A.No.13415/2022 is allowed and jail sentence of the appellant shall remain suspended.

It is directed that subject to depositing the fine amount, if already not deposited, he shall be released on bail, on furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) along with solvent surety in the like amount to the satisfaction of trial Court, for his appearance before the Registry of this Court firstly on 19.12.2022, and on such other dates, as may be fixed by the Registry in this regard, till final disposal of this appeal.

I.A.No.13145/2022 is allowed.

List for admission alongwith record.

C.C. as per rules.

(Satyendra Kumar Singh) Judge

Patil

Digitally signed by SHAILESH PATIL Date: 2022.10.14 16:28:29 +05'30'