Madhya Pradesh High Court
Lal Miya @ Lallu vs The State Of Madhya Pradesh on 19 February, 2018
THE HIGH COURT OF MADHYA PRADESH
CRR-2361-2017
(LAL MIYA @ LALLU Vs THE STATE OF MADHYA PRADESH)
8
Jabalpur, Dated : 19-02-2018
Shri Nitin Dubey, learned counsel for the applicant.
Shri Rajesh Tiwari, learned G.A for respondent/State.
Shri Sharad Singh Baghel, learned counsel for the respondent no.2.
sh Heard on the question of admission. Admit.
e ad Record of the lower court has been received. Also heard on I.A. No.17289/2017, which is an application under Pr Section 397/401 of Cr.P.C. for suspension of sentence and grant of bail filed on behalf of the applicant.
a hy This revision petition under section 102 of Juvenile Justice (Care & Protection of Children) Act, 2015 has been filed against the order ad dated 17/08/2017 passed by the 15th Additional Session, Bhopal in M Criminal Appeal No. 734/2016 confirming the order dated 01/09/2016 passed by Juvenile Justice Board, Bhopal in Criminal Case No. of 36/2016 convicting the applicant under Sections 15G of Juvenile rt Justice Act and sentencing him to undergo R.I for 3 years, as ou mentioned in the impugned judgment. Learned counsel for the applicant submits that prosecutrix died before C recording of her statement during the trial and there was no other h ig material to prove the offence against the applicant even then the learned trial court convicted and sentenced the applicant and H appellate court also ignored the legal aspect of relevancy and admissibility of the other evidence and there is fair chance of success in this revision and final hearing of this revision will take long time and if applicant is not released on bail, his right to revision would get frustrated. Thus, prayer is made for suspension of execution of jail sentence and grant of bail to applicant. Learned G.A. for the respondent-State has opposed the application and prayed for its rejection.
Having considered the contentions of learned counsel for the parties and perusal of the record, IA no.17289/2017 is allowed. It is directed that if Mukhtyar Khan, father of the applicant furnishes a bond in the sum of Rs.25,000/- (Rupees Twenty five thousand) before the Juvenile Justice Board, Bhopal alongwith one surety bond of the same amount that he would produce the juvenile applicant before the Juvenile Justice Board on each and every date of hearing then, the juvenile applicant Lal Miya @ Lallu be released on bail. When the applicant Lal Miya @ Lallu attains the age of 18 years then, it would be for him to submit a bond in the sum of Rs.25,000/- before the Juvenile Justice Board, Bhopal for his appearance before Juvenile Justice Board on sh each and every date given by that Court.
e Certified copy as per rules.
ad Pr (J. P. GUPTA) JUDGE a hy ad tarun M of Digitally signed by TARUN KUMAR rt SALUNKE Date: 2018.02.19 16:43:19 +05'30' ou C h ig H