Neeraj Verma vs The State Of Madhya Pradesh
2023 Latest Caselaw 2794 MP

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                                                    IN THE HIGH COURT OF MADHYA PRADESH
                                                                 AT JABALPUR
                                                                  CRA No. 2026 of 2023
                                                    (NEERAJ VERMA Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                                    Dated : 15-02-2023
                                           Shri R.S. Rathore - Advocate for the appellant.

                                           Shri Pankaj Raj - Panel Lawyer for the respondent/State.

Heard on I.A. No.2952/2023, which is first application for suspension of sentence and grant of bail filed on behalf of the appellant.

T h e appellant has been convicted by the trial Court under Sections

354(Ka)(1)(i), 354(Gha)(1)(i) of IPC, Section 11/12 of the POCSO Act and sentenced to R.I. for 3 years with fine of Rs.1,000/-, R.I. for 3 years with fine of Rs.1,000/-, R.I. for 3 years with fine of Rs.1,000/-, respectively, with default stipulations.

Learned counsel for the appellant has submitted that the trial Court has not properly appreciated the oral and documentary evidence available on record and committed error in convicting the appellant for the aforesaid offences. Maximum sentence awarded against the appellant is 3 years. Disposal of this appeal would take considerable time, hence, jail sentence of the appellant may

be suspended and he may be released on bail.

Learned Panel Lawyer has opposed the application. Although record is not available, but looking to the nature of offence and allegations made against the appellant and also considering the finding given by learned trial Court in paragraph-37 of its judgment, I find it to be a fit case to suspend the custodial sentence of the appellant, hence, without commenting on Signature Not Verified SAN

the merits of the case, this application is allowed. Digitally signed by PRACHI PANDEY Date: 2023.02.16 12:49:37 IST

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.30,000/- (Rupees Thirty Thousand Only) with one solvent surety in the like amount to the satisfaction of the trial Court concerned, remaining jail sentence imposed upon the appellant shall remain suspended during pendency of this case and he shall be released on bail.

The appellant shall appear before the trial Court concerned on 27.07.2023 and on all such subsequent dates, as may be fixed in this regard during pendency of this appeal, without fail.

Record of the Court below be called for.

List after two months.

(SMT. ANJULI PALO) JUDGE

Prachi

Signature Not Verified SAN

Digitally signed by PRACHI PANDEY Date: 2023.02.16 12:49:37 IST