Aseem Khan vs The State Of Madhya Pradesh
2023 Latest Caselaw 18543 MP

                                                               1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                         CRA No. 13780 of 2023
                                          (ASEEM KHAN Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                           Dated : 03-11-2023
                                 Shri Y.S. Baghel - Advocate for the appellant.

                                 Shri Harish Shukla - Panel Lawyer for the respondent/State.

Order on appeal.

Heard learned counsel for the appellant and perused the record and appeal is ripe for hearing.

The appeal is admitted for final hearing. Lower Court Record be called for within three weeks. Issuance of notice is not required as Panel Lawyer is appearing for the State. Issue notice to respondent No.2.

Order on IA No.25894/2023.

The application filed by the appellant sunder Section 389(1) of the Cr.P.C. for grant of bail of the appellant arising out of judgment dated 14.10.2023 delivered in S.T. No.49/2020 passed by learned Special Judge (POCSO ACT, 2012) and Second Additional Sessions Judge, Shahdol in

connection with Crime No.99/2020 registered at Police Station Kotwali District Shahdol.

T h e appellant has been convicted under Section 341 of IPC and sentenced to under go S.I. for one month with fine of Rs.500/-, under Section 354 of IPC and sentenced to undergo R.I. for 2 years with fine of Rs.500/- , under Section 354 (D) of IPC and sentenced to undergo R.I. for 1 year with fine of Rs.500/- and under Section 7/8 of POCSO Act and sentenced to undergo R.I. for 3 years with fine of Rs.500/-, with default stipulations. Signature Not Verified Signed by: MOHD IRFAN SIDDIQUI Signing time: 03-11-2023 16:32:43

Learned counsel for the appellant submits that Trial Court has suspended the sentence of the appellant till 12.12.2023. He has not misused the liberty of bail. Final hearing of this appeal is not possible in near future. He has been been convicted and sentenced with maximum punishment of 3 years. Thus, it is prayed that jail sentence of the appellant may be suspended.

Per contra the prayer is opposed by learned Government Advocate for the State.

Considering fact and circumstances of the case and submission made by the counsel for the parties, without commenting upon the merits of the case, I deem it proper to grant the bail to accused/appellant on his furnishing a personal

bond for a sum of Rs. 50,000/- (Rs. Fifty Thousand Only) with two sureties of the like amount to the satisfaction of the trial Court concerning during the pendency of this appeal. The fine amount imposed by trial Court shall be deposited within 15 days, if not already deposited.

Accordingly, I.A. is disposed of.

List for final hearing in the Second week of February, 2024.

(RAJENDRA KUMAR-IV) JUDGE

irfan

Signature Not Verified Signed by: MOHD IRFAN SIDDIQUI Signing time: 03-11-2023 16:32:43