Jitendra Loni vs The State Of Madhya Pradesh
2023 Latest Caselaw 7131 MP

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                                               IN THE HIGH COURT OF MADHYA PRADESH
                                                            AT JABALPUR
                                                               CRA No. 5664 of 2023
                                                (JITENDRA LONI Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                                   Dated : 02-05-2023
                                         Shri Kamlesh Dwivedi - Advocate for the appellant.

                                         Mr. Manoj Jha - Panel Lawyer for the State.

                                         Heard on I.A. No. 9033 of 2023, which is an application for suspension
                                   of sentence and grant of bail filed on behalf of the appellant.
                                         The appellant has been convicted by impugned judgment passed by the

                                   trial Court for offence punishable under Sections 7/8 of the Protection of
                                   Children from Sexual Offences Act and under Sections 3 (2) (v-a) and 3 (1) (w)
                                   (i) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities)
                                   Act and sentenced to undergo RI for 3 years (fine Rs.1000/-), RI for 3 years
                                   (fine Rs.1,000/-) and RI for 6 months, respectively with default stipulation.
                                         Learned counsel for the appellant has submitted that the trial Court has
                                   no t properly appreciated the oral and documentary evidence on record and
                                   committed error in convicting the appellant for aforesaid offence. Maximum
                                   sentence awarded to the appellant is RI for 3 years. It is submitted that the trial

                                   court has already suspended the jail sentence of the appellant till 16.05.2023.
                                   Disposal of this appeal would take considerable time, therefore, the jail sentence
                                   of the appellant may be suspended.
                                         Learned Panel Lawyer has opposed the application
                                         Although record is not available, however, looking the nature of offence
                                   and period of jail sentence awarded to the appellant, I find it to be a fit case to
Signature Not Verified
  SAN


                                   suspend the jail sentence of the appellant and to enlarge him on bail, therefore,
Digitally signed by KOUSHALENDRA
SHARAN SHUKLA
Date: 2023.05.03 18:53:33 IST
                                   without commenting on the merit of the case, the application is allowed.
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                                         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.40,000/- (Rupees
                                   Forty Thousand only) with one surety in the like amount to the satisfaction of
                                   the trial Court concerned, the remaining jail sentence of appellant - Jitendra Loni
                                   shall remain suspended and he shall be enlarged on bail. The appellant shall
                                   appear before the trial Court concerned on 03.10.2023 and on such other dates
                                   as may be fixed in this regard during pendency of this appeal.
                                         Record be requisitioned.
                                         State shall serve the notice of this case to the respondent No.2.

List for admission after eight weeks.

(SMT. ANJULI PALO) JUDGE

ks

Signature Not Verified SAN

Digitally signed by KOUSHALENDRA SHARAN SHUKLA Date: 2023.05.03 18:53:33 IST