Shakur @ Ballu @ Langda Kha vs The State Of Madhya Pradesh
2023 Latest Caselaw 9133 MP

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT GWALIOR
                                                        CRA No. 6628 of 2022
                                      (SHAKUR @ BALLU @ LANGDA KHA Vs THE STATE OF MADHYA PRADESH)

                          Dated : 19-06-2023
                                Shri Lalta Prasad Shrivastava, learned counsel for the appellant.

                                Shri Nitin Goyal, learned Panel Lawyer for the respondent- State.

Heard o n IA No. 17273 of 2022, which is the first application under Section 389(1) of CrPC filed on behalf of appellant for suspension of jail sentence and grant of bail.

Vid e judgment dated 25-07-2022 passed by Special Judge (POCSO

Act), Dabra, District Gwalior in Special Sessions Trial No. 23 of 2019, the appellant has been convicted under Sections 354, 363 of IPC, Sections 9/10, 11/12 of POCSO Act and sentenced to undergo one year RI with fine of Rs. 2,000/-, five years RI with fine of Rs.3,000/-, five years RI with fine of Rs.3,000/- and two years RI with fine of Rs.1,000/- with default stipulations. All the sentences have been directed to run concurrently.

It is submitted by learned counsel for appellant that the learned trial Court has committed an error in passing impugned judgment of conviction and sentence. The appellant has no criminal history. The appellant remained in

custody during trial from 25-08-2019 till 18-10-2019 and from the date of passing of impugned judgment, he is in custody. This appeal is of year 2022 which is likely to take some time for its disposal. Hence, prayed for suspension of jail sentence and grant of bail.

Learned counsel for the State opposed the suspension application and prayed for it rejection.

Considering the facts and circumstances of the case, but without Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 6/20/2023 11:19:03 AM

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 furnishing a 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 22nd 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

MKB

Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 6/20/2023 11:19:03 AM