Madhya Pradesh High Court
Rajesh vs The State Of Madhya Pradesh on 23 August, 2024
Author: Maninder S. Bhatti
Bench: Maninder S. Bhatti
1 CRA-10852-2022
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 10852 of 2022
(RAJESH Vs THE STATE OF MADHYA PRADESH AND OTHERS ) Dated : 23-08-2024 Shri Prashant Shrivas - Advocate for appellant. Shri B.K. Upadhyay - Govt. Advocate for State.
Heard on I.A.No.17525/2024, which is second application filed on behalf of appellant under Section 389(1) of the Cr.P.C. for suspension of sentence and grant of bail.
Earlier application filed vide I.A. No.23339/2022 was dismissed vide order dated 03.11.2023.
The appellant has been convicted by the trial Court under Section 354- B of the Indian Penal Code read with Section 8 of the Protection of Children From Sexual Offences Act, 2012 and sentenced to undergo R.I. for 5 years with fine of Rs.500/- with default stipulation.
The counsel for the appellant contends that as against the sentence of 5 years the appellant has already suffered incarceration of 3 years and 8 months as of now and the said fact is evident from para 39 of the impugned judgment. Learned counsel thus contends that considering the period of incarceration, the appellant deserves to be enlarged on bail, as final hearing of the appeal is not possible in the near future.
Learned counsel for the State has opposed the prayer for grant of bail to the appellant and submitted that the trial Court after due sifting and analysis of the evidence available on record, has rightly convicted the Signature Not Verified Signed by: AJAY KUMAR CHATURVEDI Signing time: 8/24/2024 12:43:59 PM 2 CRA-10852-2022 appellant for the aforesaid offence. Therefore, the appellant is not entitled to be released on bail.
Heard the submissions and perused the record. On perusal of record, it reflects that as of now the appellant has suffered the incarceration of about 3 years and 8 months. The appellant is aged about 24 years. Considering the totality of circumstances of the case, period of custody and age of the appellant, this Court deems it proper to enlarge the appellant on bail.
I.A.No.17525/2024 is allowed.
It is directed that subject to depositing the fine amount, if not already deposited and on furnishing a personal bond in a sum of Rs.50,000/- (Rupees Fifty Thousand only) with one surety in the like amount to the satisfaction of the trial Court concerned, the custodial sentence of appellant namely Rajesh Lohar shall remain suspended and he shall be released on bail for securing his presence before the trial Court concerned on 24.10.2024 and on such other dates as may be fixed by that Court in this regard during pendency of this appeal.
List the matter for final hearing in due course. Certified copy as per rules.
(MANINDER S. BHATTI) JUDGE ac Signature Not Verified Signed by: AJAY KUMAR CHATURVEDI Signing time: 8/24/2024 12:43:59 PM