Madhya Pradesh High Court
Lalu @ Nilesh Dholpure vs The State Of Madhya Pradesh on 19 March, 2018
THE HIGH COURT OF MADHYA PRADESH
CRA-2152-2018
(LALU @ NILESH DHOLPURE Vs THE STATE OF MADHYA PRADESH)
1
Jabalpur, Dated : 19-03-2018
Shri Mohd. Riyaz, learned counsel for the appellant.
Shri Akhilendra Singh, learned G.A. for respondent-State.
Heard on the question of admission.
sh Impugned judgment perused. Appeal is admitted for hearing.
e ad Record of the Court below be called for. Also heard on I.A. No.4241/2018, an application for Pr suspension of sentence and grant of bail to the appellant.
a Appellant stands convicted for offence punishable under hy Section 354-A(1)(4) of IPC and Section 11-1/12 of POCSO Act ad and has been sentenced to undergo RI for 6 months with fine of M Rs.2,000/- with default clause.
Learned counsel for the appellant submits that there are fair of chances to succeed in the case. The final hearing of this appeal rt will take time. If the appellant is not released on bail, purpose of ou filing this appeal will be frustrated. Therefore, the application filed on behalf of the appellant may be allowed and the period of C his remaining jail sentence may be suspended and he may be h ig released on bail.
H After hearing rival submissions of learned counsel for the parties, looking to the facts and circumstances of the case, without expressing any opinion on the merits of the case, I am of the considered opinion that it would be appropriate to suspend the custodial sentence awarded to appellant and grant bail to him. Consequently, I.A. No.4241/2018 is allowed subject to deposit of fine amount, if already not deposited. The custodial sentence awarded to the appellant shall remain suspended during the pendency of this appeal. Appellant Lalu @ Nilesh Dholpure be released from custody subject to his furnishing a personal bond in the sum of Rs.30,000/- (Rupees Thirty Thousand) with one surety in the like amount to the satisfaction of the trial Court. He is directed to appear and mark his presence before the Registry of this Court on 07.08.2018 and shall continue to do so on all such future dates as may be given in this behalf, during pendency of the matter.
List the appeal for final hearing in due course of time at its own turn.
sh Certified copy as per rules.
e ad (H.P. SINGH) JUDGE Pr a hy GT ad Digitally signed by GAUTAM TECKCHANDANI M Date: 2018.03.20 11:03:27 +05'30' of rt ou C h ig H