Lulu Bansal @ Golpuri Bansal vs The State Of Madhya Pradesh
2023 Latest Caselaw 14953 MP

                                    1
             IN THE HIGH COURT OF MADHYA PRADESH
                          AT JABALPUR
                             CRA No. 3468 of 2022
           (LULU BANSAL @ GOLPURI BANSAL Vs THE STATE OF MADHYA PRADESH)

Dated : 11-09-2023
      Shri Pushpendra Dubey - Advocate for the appellant.

      Ms. Suneeta Sood- Panel Lawyer for the respondent/State.

Shri Mohammad Siddeeque - Advocate for the objector.

Office report has been received.

As per said report, parties have compromised the matter.

Heard on I.A. No. 18097/2023 an application under Section 389(1) of the Cr.P.C. for suspension of remaining jail sentence and grant of bail to appellant arising out of judgment dated 24.03.2022 delivered in Special Case No. 65/2017 by Special Judge, (POCSO) Act, Rewa.

T he appellant has been convicted under Section 376(1) of IPC and sentenced to undergo R.I. for 10 years with fine of Rs.3000/- and Section 3/4 of POCSO Act and sentenced to undergo R.I. for 10 years and fine of Rs. 3000/- with default stipulations.

Learned counsel for the appellant submitted that learned Court below has

wrongly determined the age of prosecutrix. There is no evidence to connect appellant with the alleged offence. Parties have compromised the matter. The final hearing of this appeal is not possible in near future. Thus, remaining jail sentence of appellant may be suspended and he be released on bail.

The prayer is opposed by learned Panel Lawyer. Learned counsel for the objector submits the prosecutrix has no objection if appellant is released on bail Taking into consideration the facts and circumstances of the case,

coupled with the fact that final hearing of this appeal is not possible in near future, I deem it proper to suspend the remaining jail sentence of the present appellant.

Accordingly, aforesaid I.A. is allowed.

Subject to depositing the fine amount, if not already deposited, the remaining jail sentence of the appellant- Lalu Bansal @ Golpuri Bansal hereby suspended and it is directed that the appellant be released on bail on his furnishing a personal bond for a sum of Rs.30,000/- (Rupees thirty thousand only) with one solvent surety of the like amount to the satisfaction of the trial court with a further direction to appear before the concerning trial court

Rewa on 20.11.2023 and also on such other dates, as may be fixed by the trial court in this regard during the pendency of this appeal.

List the case for final hearing in due course. C. c. as per rules.

(ACHAL KUMAR PALIWAL) JUDGE

L.R.

Digitally signed by LALIT SINGH RANA Date: 2023.09.12 16:06:40 +05'30'