Alkesh Lilhare vs The State Of Madhya Pradesh
2023 Latest Caselaw 11170 MP

                                                                1
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                        CRA No. 10562 of 2022
                                               (ALKESH LILHARE Vs THE STATE OF MADHYA PRADESH)

                          Dated : 18-07-2023
                                Shri Sanjay Sharma - Advocate for the appellant.

                                Shri S.K. Kashyap - G.A. for the respondent/State.

Heard on I.A No.2099/2023 an application under Section 389(1) of the Cr.P.C for suspension of sentence and grant of bail to appellant arising out of judgment dated 01.11.2022 delivered in SC No.39/2020 by Special Judge

(POCSO) Balaghat, M.P.

T h e appellant has been convicted under Section 363 of IPC and sentenced to undergo R.I. for 5 years with fine of Rs.1000/-, under Section 366 of IPC and sentenced to undergo R.I. for 7 years with fine of Rs.1000/-, under Section 376(2)(N) of IPC and under Section 6 of POCSO Act and sentenced to undergo R.I. for life with fine of Rs.10,000/- with default stipulation.

Learned counsel for the appellant submits that appellant has been falsely arraigned. The age of victim is erroneously determined by the Court below. Learned counsel for the appellant submits that it is a case of consent and

compromise has taken place between the parties. The final hearing of this appeal is not possible in near future. Thus, remaining jail sentence of this appellant may be suspended.

Shri Kashyap, learned counsel for the State opposed the prayer on the basis of objection Looking to the evidence of PW-1, PW-6 and PW-8 and also considering the fact that compromise has taken place between the parties, without expressing any opinion on the merits of the case and the fact that final hearing Signature Not Verified Signed by: MOHD IRFAN SIDDIQUI Signing time: 7/19/2023 11:04:50 AM

of this appeal is not possible in near future, we deem it proper to suspend the remaining jail sentence of appellant.

Accordingly, I.A No.2099/2023 is allowed.

Subject to depositing the fine amount (if not already deposited), the remaining jail sentence of appellant is hereby suspended and it is directed that appellant be released on bail on his furnishing a personal bond for a sum of Rs.30,000/- (Rupees Thirty Thousand only) with one solvent surety of the like amount to the satisfaction of the trial Court with a further direction to appear before the trial Court, Balaghat on 9th of October, 2023 and also on such other dates as may be fixed by the trial Court in this regard during the

pendency of this Appeal.

Certified copy as per rules.

                              (SUJOY PAUL)                                 (ACHAL KUMAR PALIWAL)
                                 JUDGE                                              JUDGE

                          irfan




Signature Not Verified
Signed by: MOHD IRFAN
SIDDIQUI
Signing time: 7/19/2023
11:04:50 AM