Raja @ Rajkumar Balmiki vs The State Of Madhya Pradesh
2023 Latest Caselaw 7766 MP

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 12417 of 2022 (RAJA @ RAJKUMAR BALMIKI Vs THE STATE OF MADHYA PRADESH)

Dated : 11-05-2023 Shri B.K. Shukla - Advocate for the appellant.

Shri Manoj Singh - Panel Lawyer for the State.

Heard on admission.

Admit.

Also heard on I.A.No.24728/2022, which is first application u/s 389(1)

Cr.P.C. for suspension of sentence on behalf of appellant.

The appellant has been convicted by the trial Court under Sections 363, 366 & 344 of the I.P.C. and Section 3/4(1) of the POCSO Act and sentenced to undergo R.I. for one year with fine of Rs.500/-, R.I. for one year with fine of Rs.500/-, R.I. for one year with fine of Rs.500/- and R.I. for ten years with fine of Rs.1000/- respectively, with default stipulations.

Learned counsel for the appellant submitted that appellant is innocent and he has been falsely implicated in the crime in question. The trial Court without properly appreciating the oral and documentary evidence available on record

has passed the impugned judgment. The appellant was on bail during trial. The appellant is aged about 19 years. Appellant is in custody and final disposal of instant appeal would take considerable time. Hence, prayer has been made to suspend the jail sentence of the appellant.

Learned Panel Lawyer has opposed the prayer for suspension of sentence.

Signature Not Verified SAN

Looking to the facts and circumstances of the case; age of the appellant Digitally signed by RAJESH KUMAR JYOTISHI Date: 2023.05.11 16:06:19 IST and taking into account that final disposal of this appeal would take 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.40,000/- (Rupees Forty Thousand only) with one surety in the like amount to the satisfaction of the trial Court concerned, the custodial sentence of appellant - Raja @ Rajkumar Balmiki shall remain suspended and he shall be released on bail for securing his presence before the trial Court concerned on 12.10.2023 and on such other dates as may be fixed in this regard during pendency of this appeal, without fail.

It is made clear if the appellant again involves in similar kind of offence,

this order shall immediately become ineffective.

List this case for final hearing in due course.

(SMT. ANJULI PALO) JUDGE

rj

Signature Not Verified SAN

Digitally signed by RAJESH KUMAR JYOTISHI Date: 2023.05.11 16:06:19 IST