Delinquent Child vs The State Of Madhya Pradesh
2023 Latest Caselaw 9391 MP

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRR No. 5042 of 2022 (DELINQUENT CHILD Vs THE STATE OF MADHYA PRADESH)

Dated : 22-06-2023 Shri Jagat Singh - Advocate for the applicant.

Shri Dilip Shrivastav - Government Advocate for the State.

Heard on admission.

This revision is admitted for final hearing. Also heard on I.A.No.25500/2023, which is first application filed on

behalf of the applicant for suspension of sentence and grant of bail.

The applicant has been convicted by the trial Court under Section 18 (1)

(g) of Juvenile Justice (Care of Children) according to the order passed under Protection Act, 2015, Juvenile Section 307/34 of the I.P.C. and sentenced to undergo R.I. for 1 year for improvement in Special Home Seoni for improvement with fine of Rs.1,000/-, with default stipulation (as mentioned in the application).

Learned counsel for the applicant submitted that the applicant is innocent and he has been falsely implicated in the crime in question. The trial Court has

not properly appreciated the oral and documentary evidence available on record. The applicant is in jail and final disposal of this revision would take considerable time. In view of above, prayer has been made to suspend the sentence of applicant.

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

Heard learned counsel for the parties and perused the record and judgment of the Courts below.

Signature Not Verified Signed by: NITESH PANDEY Signing time: 6/24/2023 10:39:58 AM

Looking to the nature of offence and period of jail sentence awarded to the applicant, I find it to be a fit case to suspend the jail sentence of the applicant and to release him on bail, therefore, without commenting on the merit of the case, this application is allowed.

I t is directed that subject to depositing the fine amount, if not already deposited and on furnishing a personal bond in a sum of Rs.50,000/- (Rupees Fifty Thousand only) with one surety in the like amount to the satisfaction of the trial Court concerned, the jail sentence of applicant shall remain suspended and he shall be released on bail for securing his presence before the trial Court concerned on 11.09.2023 and on such other dates as may be fixed in this

regard during pendency of this case.

List for final hearing in due course.

(ANURADHA SHUKLA) JUDGE

Nitesh

Signature Not Verified Signed by: NITESH PANDEY Signing time: 6/24/2023 10:39:58 AM