Lalman Chaudhary vs The State Of Madhya Pradesh
2024 Latest Caselaw 16751 MP

Madhya Pradesh High Court

Lalman Chaudhary vs The State Of Madhya Pradesh on 24 June, 2024

Author: Dwarka Dhish Bansal

Bench: Dwarka Dhish Bansal

                                                              1                              CRA-2820-2024
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                      CRA No. 2820 of 2024
                                     (LALMAN CHAUDHARY Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                          Dated : 24-06-2024
                                Shri Sunil Singh - Advocate for the appellant.

                                Shri Devendra Shukla - Panel Lawyer for the respondent-State.

Heard on I.A. No.5409/2024, which is first application under Section 389(1) of the Cr.P.C for suspension of sentence and grant of bail to appellant - Lalman Chaudhary arising out of judgment dated 21.02.2024 delivered in S.C.

No.21/2022 by First Additional Sessions Judge, Nagod, District Satna.

The appellant has been convicted and sentenced for the offence punishable under Section 354 of IPC to undergo RI for 2 years with fine of Rs.5,000/-, under Section 9(F)/10 of POCSO Act to undergo RI for 5 years with fine of Rs.5,000/- and under Section 506-II of IPC to undergo RI for six months and fine of Rs.2,000/-, with default stipulations.

Learned counsel for the appellant submits that a short sentence of five years has been awarded by the trial Court and there is no possibility of hearing of this appeal in near future. The appellant has falsely been implicated in this

case, therefore, it has been prayed that the jail sentence of the appellant be suspended and he be released on bail.

Learned counsel for the State with the support of objection opposed the application and prays for dismissal of the same.

Considering the aforesaid factual backdrop coupled with the fact that final hearing of this appeal is not possible in near future, without expressing any conclusive opinion on merits of the case, I deem it proper to suspend the remaining jail sentence of appellant.

2 CRA-2820-2024 Accordingly, I.A. No.5409/2024 is allowed.

Subject to depositing the fine amount (if not already deposited), the remaining jail sentence of the appellant is hereby suspended and it is directed that appellant - Lalman Chaudhary 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 trial Court Satna o n 28 th August, 2024 and also on such other dates as may be fixed by the trial Court in this regard during the pendency of this appeal.

List for final hearing in due course.

(DWARKA DHISH BANSAL) V. JUDGE

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