Madhya Pradesh High Court
Irfan @ Imran @ Chhotu vs The State Of Madhya Pradesh on 4 October, 2018
1 CRA-2462-2018
The High Court Of Madhya Pradesh
CRA-2462-2018
(IRFAN @ IMRAN @ CHHOTU Vs THE STATE OF MADHYA PRADESH)
6
Jabalpur, Dated : 04-10-2018
Shri Manish Datt, Senior Advocate with Ms. Kishwar Khan,
Advocate for the appellant.
Shri Pradeep Gupta, Panel Lawyer for the respondent/State.
Arguments heard upon I.A. No.7305/2018, which has been filed on 07.05.2018 on behalf of appellant Irfan alias Imran alias Chhotu under Section 389(1) of Cr.P.C for suspension of jail sentence awarded by the VII Additional Sessions Judge, Bhopal in Sessions Trial No.159/2016.
Appellant has been convicted for offence punishable under Sections 366-A and 376(1) of IPC and sentenced to undergo R.I for 5 years with fine of Rs.4000/- for the offence under Section 366-A of IPC and R.I for 7 years with fine of Rs.15,000/- for the offence under Section 376(1) of IPC read with Section 3/4 of POCSO Act, vide judgment dated 21.02.2018.
As per certificate under Section 428 of Cr.P.C the appellant is confined in custody since 04.01.2016.
Looking to the evidence regarding age of the prosecutrix and the appreciation about the age by lower Court, statement of witnesses and other circumstance, the application (I.A.No.7305/2018) is allowed. Subject to depositing of fine amount, the jail sentence awarded to the appellant Irfan alias Imran alias Chhotu shall remain suspended upon furnishing the bail bond worth Rs.20,000/- (Rupees Twenty Thousand only) and personal bond of the same amount to the satisfaction of the trial Court, the jail sentence awarded by the lower Digitally signed by VINOD SHARMA Date: 04/10/2018 23:53:02 2 CRA-2462-2018 Court will be treated as suspended till final disposal of the case. Appellant Irfan alias Imran alias Chhotu will remain appear before the Registry of this Court on 19.03.2020 and thereafter, on such further dates as may be fixed by the Registry in this behalf.
Accordingly, I.A No.7305/2018 is allowed.
Certified copy as per (B. K. SHRIVASTAVA) JUDGE Vin** Digitally signed by VINOD SHARMA Date: 04/10/2018 23:53:02