Lakhan @ Chhotu Prajapati vs The State Of Madhya Pradesh
2023 Latest Caselaw 16059 MP

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                                          IN THE HIGH COURT OF MADHYA PRADESH
                                                       AT JABALPUR
                                                       CRA No. 8203 of 2022
                                 (LAKHAN @ CHHOTU PRAJAPATI Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                          Dated : 27-09-2023
                                 Shri Ravi Shankar Patel - Advocate for the appellant.

                                 Ms. Chandrakanta Pal - Panel Lawyer for the respondent/State.

Record of the Court below has been received. Heard on admission.

Admitted.

Also heard on I.A. No.17326/2023 an application under Sections 389(1) of the Cr.P.C. for suspension of remaining jail sentence and grant of bail to appellant arising out of judgment dated 15.06.2022 delivered in SC No.02/2021

by 4th Additional Sessions Judge/Special Judge (POCSO) Act, Narsinghpur T h e appellant has been convicted under Section 376 of IPC and sentenced to undergo R.I. for 10 years and fine of Rs.5000/- with default stipulations.

Learned counsel for the appellant submits that incident had taken place on 06.04.2020 and report has been lodged after almost more than eight months

i.e. 28.12.2020. It is a matter of consent. Later on account of pressure of family members, report has been lodged against the appellant. Appellant is in jail since 15.06.2022. Final hearing of this appeal is not possible in near future, therefore, remaining jail sentence of appellant may be suspended and he be released on bail.

The prayer is opposed by learned Panel Lawyer. In view of testimonies of prosecution witnesses including prosecutrix and Dehati Nalishi Ex. P/1 and letter sent by Shridham Hospital to P.S. Gotegaon Signature Not Verified Signed by: LALIT SINGH RANA Signing time: 9/27/2023 3:10:09 PM

Ex. P/11 coupled with the fact that hearing of this appeal is not possible in near future and without expressing any opinion on merits, I deem it proper to suspend the remaining jail sentence of the appellant. Accordingly, I.A No. 17326/2023 is allowed.

Subject to depositing the fine amount, if not already deposited, the remaining jail sentence of the appellant-Lakhan @ Chhotu Prajapati is 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

Narsinghpur on 04.12.2023 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.

Signature Not Verified Signed by: LALIT SINGH RANA Signing time: 9/27/2023 3:10:09 PM