Hillo @ Sharda Prasad Yadav vs The State Of Madhya Pradesh
2023 Latest Caselaw 19739 MP

Madhya Pradesh High Court

Hillo @ Sharda Prasad Yadav vs The State Of Madhya Pradesh on 24 November, 2023

Author: Roopesh Chandra Varshney

Bench: Roopesh Chandra Varshney

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 1586 of 2023 (HILLO @ SHARDA PRASAD YADAV Vs THE STATE OF MADHYA PRADESH AND OTHERS)

Dated : 24-11-2023 Shri J.L.Soni - Advocate for the appellant.

Ms. Shanti Tiwari - Panel Lawyer for the State. Shri Kuldeep Patel - Advocate for Objector.

Heard on admission.

Admit.

Heard on IA No.2147 of 2023, which is the first application under Section 389(1) of the Cr.P.C. for suspension of sentence and grant of bail moved on behalf of appellant.

Appellant stood convicted under Section 3/4 of POCSO Act, 2021 and sentenced to undergo RI for 10 years with fine of Rs.5,000/-, with default stipulation vide judgment of conviction and order of sentence dated 19.12.2022 passed by Additional Sessions Judge, Naugaon District Chhatarpur in Special Case No.02/2021.

Learned counsel for the appellant submits that appellant is in jail. Appeal

is of the year 2023 and there is no likelihood of appeal being taken up for final hearing. Under such circumstances, application of appellant for suspension of sentence and grant of bail may be considered.

Per contra, learned counsel for State as well as the counsel for the Objector has opposed the application.

Upon hearing learned counsel for the parties though this Court refrain from commenting upon merits of the matter and considering the fact that the appeal is of the year 2023 and there is no likelihood of early hearing of the

appeal in near future, in the obtaining facts and circumstances, present appellant is held entitled for suspension of jail sentence and grant of bail.

Accordingly, IA No.2147 of 2023 stands allowed and it is directed that the jail sentence of appellant shall remained suspended and he be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the trial Court subject to verification of factum regarding deposit of fine amount.

Appellant is directed to appear before the trial Court first on 02.01.2024 and on other subsequent dates as may be fixed in this behalf.

List for final hearing in due course.

(ROOPESH CHANDRA VARSHNEY) JUDGE

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