Bloo Vendrin vs The State Of Madhya Pradesh
2023 Latest Caselaw 21048 MP

Madhya Pradesh High Court

Bloo Vendrin vs The State Of Madhya Pradesh on 12 December, 2023

Author: Roopesh Chandra Varshney

Bench: Roopesh Chandra Varshney

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 4696 of 2022 (BLOO VENDRIN Vs THE STATE OF MADHYA PRADESH)

Dated : 12-12-2023 Shri Vivek Ahirwar - Advocate on behalf of Shri Prashant Chourasia -

Advocate for the appellant.

Ms.Ekta Gupta - Panel Lawyer for the State.

Heard on admission.

Appeal seems to be arguable, hence, admitted for hearing.

Also heard on IA No.16455/2023, which is second application under Section 389(1) of Cr.P.C. for suspension of sentence and grant of bail moved on behalf of appellant. Earlier first bail application was dismissed as withdrawn vide order dated 30.08.2022.

Appellant has been convicted under Sections 376(2)(N), 376(2)(F), 328 and 506-Part -II of IPC and sentenced as mentioned in the impugned judgment dated 01.02.2022 in SC No.33/2019 by Forth ASJ & Special Judge (POCSO Act), Narsinghpur.

It is submitted by the counsel for the appellant that appellant is in custody

from the date of impugned judgment. It is further submitted that appeal is of the year 2022 and there is no likelihood of appeal being taken up for final hearing. Under such circumstances, sentence of the appellant may be suspended.

Learned counsel for the State has opposed the application. Considering overall facts and circumstances of the case and the fact that appeal is of the year 2022 and there is no likelihood of early hearing of the appeal in near future, however, without touching merits of the matter, appellant is held entitled for suspension of jail sentence and grant of bail.

Accordingly, IA No.16455/2023 stands allowed and it is directed that the jail sentence of appellant shall remained suspended and he be released on bail upon his 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 subject to verification of factum regarding deposit of fine amount. Appellant is directed to appear before the trial Court first on 01.02.2024 and on other subsequent dates as may be fixed in this behalf.

List for final hearing in due course.

(ROOPESH CHANDRA VARSHNEY) JUDGE

sm