Santosh vs The State Of Madhya Pradesh
2022 Latest Caselaw 14004 MP

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                IN THE HIGH COURT OF MADHYA PRADESH
                             AT JABALPUR
                              CRA No. 5654 of 2021
                  (SANTOSH Vs THE STATE OF MADHYA PRADESH AND OTHERS)

Dated : 31-10-2022
        Shri Prashant Chourasia, counsel for the appellant.

        Shri K.S. Patel, Panel Lawyer for the State.
        Heard on admission.
        Admit.
        Heard on I.A. No.17198/2021, which is first application for suspension
of sentence and grant of bail to the appellant.

        The appellant has been convicted by the trial Court under Section 342 of
IPC, Section 9(M)/10 of the Protection of Children From Sexual Offences Act
and Section 3(1)(ba)(i) and (ii) of the SC/ST (Prevention of Atrocites) Act and
sentenced to R.I. for 1 year with fine of Rs.100/-, R.I. for 5 years with fine of
Rs.500/- and R.I. for 5 years with fine of Rs. 500/- respectively with default
stipulations.
        Learned counsel for the appellants has submitted that the trial Court has
no t properly appreciated the oral and documentary evidence on record. The
appellant is in custody since the date of judgment i.e. 13.9.2021. He has

suffered the jail sentence of more than one year. The appellant is a first
offender. Disposal of this appeal would take considerable time, therefore, the
custodial sentence of the appellant be suspended and he may be released on
bail.
        Learned Panel Lawyer has opposed the prayer for grant of bail.
        Looking to the statement of the prosecutrix, findings recorded by the trial
Court, period of custody of the appellant and also the fact that he is a first
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    offender, I find it to be a fit case to suspend the jail sentence of the appellant
    and to release him on bail, therefore, without commencing on the merit of the
    case, 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 the sum of Rs.50,000/-
    (Rupees Fifty Thousand Only) with one solvent surety in the like amount to
    the satisfaction of the trial Court concerned, remaining jail sentence imposed
    upon appellant Santosh S/o Bhaiyalal Lokhande shall remain suspended
    during the pendency of this case and he shall be released on bail.
          The appellant shall appear before the Registry of this Court on

    27.2.2023 and on all such subsequent dates, as may be fixed in this regard
    during the pendency of this appeal, without fail.
          List for final hearing in due course.


                                                            (SMT. ANJULI PALO)
                                                                  JUDGE

    PB



PRADYUMNA BARVE
2022.11.01

10:41:37 +05'30'