Priyanand @ Nandu vs The State Of Madhya Pradesh
2023 Latest Caselaw 7147 MP

                                                             1
                                         IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT JABALPUR
                                                      CRA No. 2808 of 2023
                                     (PRIYANAND @ NANDU AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                          Dated : 02-05-2023
                                Shri Rakesh Kumar Shukla - Advocate for appellant No.2- Ku.

                          Shalini.
                                Shri S.K. Kashyap - G.A. for the respondent -State.

Shri Shishir Soni - Advocate for the objector.

Heard on I.A. No. 4291 of 2023 for suspension of sentence and grant

of bail to appellant No.2 Ku. Shalini arising out of judgment dated 27.01.2023 delivered by Special Judge (POCSO Act), District Balaghat in S.C. No. 32/2021 The appellant No.2 has been convicted under Section 363 of IPC and sentenced to undergo R.I for 5 years with fine of Rs.1,000/- within default stipulation.

By taking this Court to the prosecution story, learned counsel for this appellant submits that para-24 of the impugned judgment shows that the

limited role attributed on this appellant is that she asked the prosecutrix to come with her to her house. Thereafter, the prosecutrix went with the main accused Priyanand @ Nandu on his motorcycle. The necessary ingredients for attracting Section 363 of IPC are absent. Final hearing of this appeal is not possible in near future, thus, the appellant's remaining jail sentence may be suspended.

The prayer is opposed by other side.

Considering the limited role of this appellant and without expressing Signature Not Verified Signed by: NAVEEN KUMAR SARATHE Signing time: 5/3/2023 10:35:24 AM

any conclusive opinion on merits, we deem it proper to suspend the remaining jail sentence of the appellant No.2 Ku, Shalini.

Accordingly, I.A. No. 4291 of 2023 is allowed. Subject to depositing the fine amount (if not already deposited), the remaining jail sentence of the appellant is hereby suspended and it is directed that the appellant No.2- Ku, Shalini be released on bail on her furnishing a personal bond for a sum of Rs.30,000/- (Rupees thirty thousand only) with one solvent surety of the like amount to the satisfaction of the trial Court with a further direction to appear before

the trial Court, Balaghat on 12th July, 2023 and also on such other dates, as may be fixed by the trial court in this regard during the pendency of this appeal.

                                    Certified copy as per rules


                             (SUJOY PAUL)                                (AVANINDRA KUMAR SINGH)
                                JUDGE                                             JUDGE

                          sarathe




Signature Not Verified
Signed by: NAVEEN KUMAR
SARATHE
Signing time: 5/3/2023
10:35:24 AM