Nitin Yadav vs The State Of Madhya Pradesh
2023 Latest Caselaw 5258 MP

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 3136 of 2023 (NITIN YADAV Vs THE STATE OF MADHYA PRADESH AND OTHERS)

Dated : 29-03-2023 Shri Dhamendra Patel- counsel for the appellant.

Ms.Saraswati Badgaiyan- Panel Lawyer for the State.

The State is directed to inform the complainant. Record of the court below is still awaited. Let the same be made available on the next date of hearing.

Considered I.A.No.4874/2023, which is first application for suspension of sentence and grant of bail on behalf of appellant-Nitin Yadav.

Although record is not received, however, from perusal of impugned judgment dated 16.2.2023 it is apparent that appellant has been convicted by the Special Judge (SC/ST), Chhindwara for offences under section 323 of IPC/3(2) (va) of the SC & ST (Prevention of Atrocities) Act, 1989 and sentenced to undergo RI for 03 months & 06 months with fine of Rs.500/- & Rs.1000/- respectively with default stipulations.

Learned counsel for the appellant submitted that appellant is innocent and

has been falsely implicated in the crime in question. The jail sentence of appellant has been suspended till 31.3.2023. The appellant was on bail during trial. The trial Court has not properly appreciated the oral and documentary evidence available on record. Final disposal of this appeal would take considerable time to conclude. Hence, prayer has been made to suspend the jail sentence of the appellant.

Signature Not Verified SAN

Learned Panel Lawyer has opposed the prayer for suspension of Digitally signed by RAJESH MAMTANI Date: 2023.03.29 17:07:04 IST

sentence.

Considering the over all facts and circumstances of the case, as per ossification test the age of prosecutrix is between 15-17 years; the date of birth o f the prosecutrix is in dispute in this case; it appears that the prosecutrix resided with the appellant voluntarily and accompanied to different places; and final disposal of this appeal would take considerable time, without commenting on merits of the case, the 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.30,000/- (Rupees Thirty Thousand only) with one surety in the like amount to the satisfaction of the trial Court concerned, the custodial sentence of appellant-Nitin Yadav

shall remain suspended and he shall be released on bail for securing his presence before the Registry concerned o n 28.08.2023 and on such other dates as may be fixed in this regard during pendency of this appeal.

List this case for admission after 08 weeks.

SMT. ANJULI PALO) JUDGE

RM

Signature Not Verified SAN

Digitally signed by RAJESH MAMTANI Date: 2023.03.29 17:07:04 IST