Raju @ Yunus vs The State Of Madhya Pradesh
2023 Latest Caselaw 16996 MP

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 3266 of 2018 (RAJU @ YUNUS Vs THE STATE OF MADHYA PRADESH)

Dated : 12-10-2023 Ms. Savita Choudhary - Advocate for the appellant.

Shri C.M. Tiwari - Government Advocate for the State.

Heard on IA No.11472/2023 , which is fifth application under Section 389(1) of Cr.P.C. for suspension of sentence and grant of bail filed on behalf of appellant-Raju @ Yunus.

Applicant has been convicted under Section 377 of IPC and Section 4 POCSO Act and sentenced to undergo RI for 10 years with fine of Rs.10,000/- , RI for 10 years with fine of Rs.10,000/- for respective offences with default stipulation vide judgment dated 31.03.2018 passed in ST No.24/2017 by Special Judge (POCSO) Panna, District Panna. First application has been dismissed vide order dated 26.03.2019 with liberty to revive the prayer after six months; second application has been dismissed on merits vide order dated 14.11.2019; third and fourth applications have been dismissed as withdrawn vide orders dated 05.07.2022 and 21.03.2023 respectively.

It is submitted by the counsel for the appellant that the appellant is in jail for more than eight years. It is further submitted that appeal is of the year 2018 and there is no likelihood of appeal being taken up for final hearing. Under such circumstances, sentenced of the appellant may be suspended.

Learned counsel for the State has opposed the application. Considering overall facts and circumstances of the case; period of incarceration and the fact that appeal is of the year 2018 and there is no likelihood of early hearing of the appeal in near future, however, without Signature Not Verified Signed by: ANAND KRISHNA SEN Signing time: 10/13/2023 10:03:12 AM

touching merits of the matter, appellant is held entitled for suspension of jail sentence and grant of bail.

Accordingly, IA No.11472/2023 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 18.12.2023 and on other subsequent dates as may be fixed in this behalf.

List for final hearing in due course.

(ROOPESH CHANDRA VARSHNEY) JUDGE

anand

Signature Not Verified Signed by: ANAND KRISHNA SEN Signing time: 10/13/2023 10:03:12 AM