Citation : 2024 Latest Caselaw 21503 MP
Judgement Date : 7 August, 2024
1 CRA-42-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 42 of 2024
(RAJENDRA @ LALLU SINGH Vs THE STATE OF MADHYA PRADESH AND OTHERS )
Dated : 07-08-2024
Shri Shailendra Dwivedi - Advocate for the appellant.
Shri Amit Pandey - Government Advocate for the respondent/State.
None for the victim despite service of notice.
Heard on admission.
Record perused.
Admit.
Also heard on I.A. No.12625 of 2024 - an application for suspension of sentence and grant of bail.
This is the first application seeking for suspension of sentence and grant of bail filed on behalf of appellant - Rajendra @ Lallu Singh who has been convicted under Sections 363, 366 of the IPC and Section 8 of the POCSO Act and sentenced to R.I. for 2 years with fine of Rs.1,000/-, R.I. for 5 years with fine of Rs.1,000/- and R.I. for 3 years with fine of Rs.3,000/- respectively, with default stipulations as mentioned in the impugned
judgment dated 30.11.2023 passed by Additional Sessions Judge Rajendragram, District Anuppur (M.P.) in S.C. No.33/2020.
Learned counsel for the appellant submits that the appellant has remained under custody for almost 17 months including the trail period. He was on bail during trial and he has never misused the liberty granted by the Court. It is further submitted that the final hearing of this appeal is not
2 CRA-42-2024 possible in near future. He is ready to abide by all the terms and conditions that may be imposed by this Court while considering the application for suspension of sentence. Hence, he prays for suspension of sentence and grant of bail.
Per contra, learned counsel for the respondent/State has opposed the application and prays for its rejection.
Considering the submissions and the custody period of the appellant, and without expressing any opinion on the merits of the case, this Court deems it appropriate to allow the application for suspension of sentence and grant of bail.
Accordingly, I.A. No.12625 of 2024 is allowed and it is directed that the remaining jail sentence of the appellant shall remain under suspension
subject to the verification for the fact that the amount of fine has been deposited and he be released on bail on 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 concerned for his appearance before the trial Court/concerned Court on 17.12.2024 and thereafter on such other subsequent dates as may be fixed in that behalf.
List for final hearing in due course.
Certified copy as per rules.
(VISHAL MISHRA) JUDGE
ak
3 CRA-42-2024
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