Child In Conflict With Law vs The State Of Madhya Pradesh
2024 Latest Caselaw 6127 MP

Madhya Pradesh High Court

Child In Conflict With Law vs The State Of Madhya Pradesh on 28 February, 2024

Author: Maninder S. Bhatti

Bench: Maninder S. Bhatti

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRR No. 790 of 2024 (CHILD IN CONFLICT WITH LAW Vs THE STATE OF MADHYA PRADESH AND OTHERS)

Dated : 28-02-2024 Shri Rakesh Dwivedi - Advocate for the petitioner.

Ms. Shikha Baghel - Panel Lawyer for the State.

Let the record from Court below be called for. Heard on I.A NO. 4525/2024, an app0lication under Section 397 (1) Cr.P.C for suspension of sentence and grant of bail.

The applicant has been convicted by the Appellate Court under Sections 363, 376 (23) (Jha) of IPC and Section 4/6 of the POCSO Act and has been sentenced to R.I. for 3 years.

T he counsel for the applicants submits that the applicant has already suffered custody of four months. It is also contended by the Counsel that the applicant was initially tried as juvenile in conflict with law. Later on by the time of passing of judgment as the applicant attained the age of majority he has been sent to prison.

The counsel for the State has opposed the application.

Although records are not available, however, looking to the totality of the circumstances, this Court deems it to be a fit case to suspend the jail sentence of the applicant and to release him on bail. Therefore, without commenting on the merit of the case, this application is allowed.

I t is directed that subject to depositing the fine amount, if not already deposited and on furnishing a personal bond in a sum of Rs.50,000/- (Rupees Fifty Thousand only) each wit h one surety in the like amount to the

satisfaction of the trial Court concerned, the jail sentence of applicant shall remain suspended and he shall be released on bail for securing his presence before the trial Court concerned on 22.5.2024 and on such other dates as may be fixed in this regard by that Court during pendency of this case.

Let record of the Courts below be requisitioned. List for admission along with the record. Certified copy as per rules.

(MANINDER S. BHATTI) JUDGE

vivek