Babu Yadav vs The State Of Madhya Pradesh
2023 Latest Caselaw 7271 MP

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                                               IN THE HIGH COURT OF MADHYA PRADESH
                                                            AT JABALPUR
                                                               CRA No. 5814 of 2023
                                                 (BABU YADAV Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                                   Dated : 03-05-2023
                                         Shri Ashish Kumar Tiwari - Advocate for the appellant.

                                         Shri Manoj Singh - Panel Lawyer for the State.

                                         Heard    on I.A. No. 9284        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 offences punishable under Sections 457, 354, 323 (two counts)
                                   of the Indian Penal Code; Section 8 of the Protection of Children from Sexual
                                   Offences Act; and Sections 3 (1) (w) (i) and 3 (2) (v-a) (two counts) of the
                                   Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act and has
                                   been sentenced to undergo RI for 3 years, RI for 3 years, RI for 1 year, RI for
                                   3 years, RI for 3 years and RI for 3 years, respectively with fine of Rs.500/-
                                   for each offence and 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 10.05.2023.
                                   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
Signature Not Verified
  SAN


                                         Although record is not available, however, looking to the period of jail
Digitally signed by KOUSHALENDRA
SHARAN SHUKLA
Date: 2023.05.03 18:53:34 IST
                                   sentence awarded to the appellant as well as the fact that the trial Court has
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                                   suspended the jail sentence of the appellant till 10.05.2023 and from 13.05.2023
                                   summer vacations would commence and keeping in view the nature of offence,
                                   I find it to be a fit case to suspend the jail sentence of the appellant and to
                                   enlarge him on bail, therefore, without commenting on the merit 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 remaining jail sentence of appellant - Babu Yadav
                                   shall remain suspended and he shall be enlarged on bail. The appellant shall

                                   appear before the trial Court concerned on 04.10.2023 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 on the respondent No.2.

List for admission after ensuing summer vacation

(SMT. ANJULI PALO) JUDGE

ks

Signature Not Verified SAN

Digitally signed by KOUSHALENDRA SHARAN SHUKLA Date: 2023.05.03 18:53:34 IST