Raju Shakya vs The State Of Madhya Pradesh
2023 Latest Caselaw 6256 MP

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              IN THE HIGH COURT OF MADHYA PRADESH
                           AT GWALIOR
                             CRA No. 3113 of 2021
                    (RAJU SHAKYA Vs THE STATE OF MADHYA PRADESH)

Dated : 18-04-2023
       Shri Awadhesh Parashar, learned counsel for the appellant.

       Shri   Pramod     Pachouri,       learned    Public     Prosecutor,   for   the
respondent/State.

Heard on IA.No.2705/23, first application u/Sec. 389(1) of Cr.P.C. for suspension of sentence and grant of bail filed on behalf of appellant.

Vid e judgment dated 06.03.2021 passed by the second Additional Sessions/Special Judge(POCSO Act) Shivpuri, Distt. Shivpuri in S.C.No.31/2020 appellant has been convicted under Sections 10 read with 9(n) of POCSO Act and sentenced to under go R.I. for 5 years and fine of Rs.200/- and also under Section 354 of IPC and sentenced to undergo 3 years R.I. with fine of Rs.200/- with default stipulation.

It is submitted by learned counsel for the appellant that appellant is in custody for more than 2 and a half years. He has a good case on merits. Hearing of the appeal will take time. Therefore, prayer for suspension of

sentence has been made.

Learned counsel for the State opposed the application and prayed for its rejection.

Considering the facts and circumstances of the case, but without commenting upon merits of the case, IA.No.2705/23 is allowed and it is directed that jail sentence of the appellant will remain under suspension subject to verification that amount of fine has been deposited, on appellant's furnishing

bail bond of Rs.25,000/- (Rupees Twenty Five Thousand Only) with one solvent surety of the like amount to the satisfaction of concerned Trial Court for his appearance before the Principal Registrar of this Court on 17th October, 2023 and on such further dates as may be fixed by the office in this regard till disposal of the appeal.

C.c. as per rules.

(DEEPAK KUMAR AGARWAL) JUDGE

mani

SUBASRI MANI 2023.04.19 11:32:00

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