Child In Conflict With Law vs The State Of Madhya Pradesh
2023 Latest Caselaw 11347 MP

IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR CRA No. 8753 of 2023 (CHILD IN CONFLICT WITH LAW Vs THE STATE OF MADHYA PRADESH)

Dated : 20-07-2023 Shri Hemant Singh Rana, learned counsel for the appellant.

Shri S.S.Kushwaha, learned Government Advocate for the State. Heard on IA.No.12696 of 2023, first application u/Sec. 389(1) of Cr.P.C. for suspension of sentence and grant of bail filed on behalf of appellant.

Vide judgment dated 16.6.2023 passed by Special Judge/Children Court

Karera, Karera Distt. Shivpuri, in Special Case No.4/2019 appellant has been convicted under Section 394 of IPC read with Sections 11/13 of the MPDVPK Act and sentenced to undergo 7 years RI with fine of Rs.5,000/-.

Allegation against the appellant is of committing loot of a bag containing cash of Rs.2,52,000/- from the complainant after inflicting blow of iron rod below his right eye and snatched the money bag.

Learned counsel for the appellant submits that during trial appellant was o n bail, but he did not misuse the liberty so granted. Appellant has already suffered incarceration of about 8 months two days. Amount of fine has been

deposited by him. The appellant has a good case on merits and hearing of the appeal will take time. Co-accused Vijay has already been granted benefit of suspension of sentence by this Court vide order dated 04.07.2023 passed in CRA No.8307/2023. Hence, prayed for suspension of jail sentence and grant of bail.

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

Signature Not Verified Signed by: VIJAY TRIPATHI Signing time: 7/21/2023 10:04:49 AM

Considering the facts and circumstances of the case, but without commenting upon merits of the case, IA is allowed and it is directed that jail sentence of 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 appearance before the Principal Registrar of this Court on 18th December, 2023 and on such further dates as may be fixed by the office in this regard till disposal of the appeal.

Certified copy as per rules.

(DEEPAK KUMAR AGARWAL) JUDGE

Vijay

Signature Not Verified Signed by: VIJAY TRIPATHI Signing time: 7/21/2023 10:04:49 AM