Banto @ Pradeep vs The State Of Madhya Pradesh
2025 Latest Caselaw 4001 MP

Madhya Pradesh High Court

Banto @ Pradeep vs The State Of Madhya Pradesh on 4 February, 2025

Author: Dinesh Kumar Paliwal

Bench: Dinesh Kumar Paliwal

                                                                 1                              CRA-2448-2020
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                       CRA No. 2448 of 2020
                                            (BANTO @ PRADEEP Vs THE STATE OF MADHYA PRADESH )



                           Dated : 04-02-2025
                                 Shri P. S. Rajput - Advocate for the appellant.
                                 Shri D. K. Shukla - Panel Lawyer for respondent/ State.

None for victim despite service of notice.

Heard on I.A.No.24216/2024, second application under Section 389(1) of Cr.P.C. for suspension of sentence and grant of bail to appellant Banto @

Pradeep, pending the appeal.

2. Appellant's first application for suspension of jail sentence was dismissed as appellant was absconding vide order dated 06.4.2022.

3. Appellant has been convicted for commission of offence under Section 354(A) and 354(D) of IPC and has been sentenced to undergo R.I for 03-03 years with fine of Rs.2000/- for each offence with default stipulation, vide judgment dated 06.2.2020 delivered by Special Judge (POCSO), Jabalpur (M.P.) in S.C. No.153/2019 (State of M.P. Vs. Banto @ Pradeep).

4. Learned counsel for the appellant has submitted that appellant has been

erroneously convicted by the trial Court as it has not considered the evidence of victim in proper perspective. Appellant is in jail for almost more than 5 & 1/2 months. He has a fair chance to succeed in it. Therefore, it is prayed that the appellant may be released on bail.

5. On the other hand, learned counsel for the respondent/State has opposed the grant of bail to the appellant.

2 CRA-2448-2020

6. This appeal is of the year 2020 and there is bleak possibility of hearing of this appeal in near future. Therefore, having taken into consideration the incarceration period of the appellant, I am inclined to suspend the remaining jail sentence of the appellant.

7. Consequently, I.A. No.24216/2024 is allowed. The execution of jail sentence of appellant Banto @ Pradeep is hereby suspended subject to depositing the fine amount, (if not already deposited). It is directed that the appellant be released on bail on his furnishing a personal bond to a sum o f Rs.50,000/- (Rupees fifty 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 on 20.06.2025 and also on such other dates, as may be fixed by that Court in this regard during the pendency of this appeal.

List for final hearing in due course.

Certified copy as per rules.

(DINESH KUMAR PALIWAL) JUDGE

mrs. mishra