Nohar Singh Armo vs The State Of Madhya Pradesh
2022 Latest Caselaw 13927 MP

                                                                          1
                                                 IN THE HIGH COURT OF MADHYA PRADESH
                                                              AT JABALPUR
                                                                    CRA No. 9446 of 2022
                                                       (NOHAR SINGH ARMO Vs THE STATE OF MADHYA PRADESH)

                                   Dated : 28-10-2022
                                          Mr. Surendra Patel, learned counsel for the appellant.

                                          Mr. K.S. Patel, learned Panel Lawyer for the respondent/State.

Counsel for the appellant shall implead the victim as respondent No.2 in the case and thereafter the State shall serve notice of this case on her.

Although record is not available, however, keeping in view the nature of offence and period of sentence awarded by the trial Court, heard on I.A. No.19603 of 2022,

which is an application filed by the appellant under Section 389 (1) of the Cr.P.C. seeking suspension of sentence and grant of bail.

The appellant has been convicted by the impugned judgment passed by the trial Court for offences punishable under Sections 354 (A) (ii) and 354-D of the Indian Penal Code and Section 11 read with Section 12 of the Protection of Children from Sexual Offences Act and sentenced to undergo RI for 6 months with fine of Rs.500/- for each offence with default stipulation.

Learned counsel for the appellant submits that the trial Court has not appreciated the evidence on record in proper perspective and hence arrived at erroneous findings. There are material contradiction and omission in the testimonies

of the witnesses. The final disposal of this appeal would take considerable time, therefore, the jail sentence of the appellant may be suspended and he may be released on bail.

Learned Panel Lawyer for the State has opposed the application for suspension of sentence and grant of bail.

I have heard learned counsel for the parties and perused the record. The sentence awarded to the appellant has been suspended by the trial Court till 15.11.2022. Hence, Signature Not Verified SAN

keeping in view the findings recorded by the trial Court as well as other facts and Digitally signed by KOUSHALENDRA SHARAN SHUKLA Date: 2022.10.28 17:41:26 IST circumstances of the case, without commenting on merits of the case, I deem it

appropriate to suspend the jail sentence of the appellant and to release him on bail. Therefore, without commenting on the merits of the case, this application is allowed.

It is directed that execution of remaining jail sentence of the appellant Nohar Singh Armo shall remain suspended and he shall be released on bail on his furnishing a personal bond in a sum of Rs.30,000/- (Rupees Thirty Thousand only) with a surety in the like amount to the satisfaction of the trial Court concerned for his appearance before the trial Court on 28.02.2023 and on such other dates as may be fixed in this regard during pendency of this appeal.

Let the record of the court below be requisitioned. List the case after eight weeks.

(SMT. ANJULI PALO) JUDGE

ks

Signature Not Verified SAN

Digitally signed by KOUSHALENDRA SHARAN SHUKLA Date: 2022.10.28 17:41:26 IST