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Judgment
8 paragraphs · 354 wordsGajendra Singh, J
Heard on admission.
The appeal is admitted for final hearing.
Heard on IA No.2733/2026, which is an application under Section 430 (1) of B.N.S.S., 2023 for grant of bail and suspension of remaining jail sentence on behalf of the appellant.
Appellant has been convicted under Section 9M read with 10 of POCSO Act and sentenced to undergo R.I. for 05 years with fine of Rs2000/-, with default stipulation vide judgment dated 23.01.2026 passed in SC No.08/2024 by Additional Session Judge and Special Judge (POCSO) Act, Jhauba, M.P.
Learned counsel for the appellant has submitted that the appellant is innocent and he has falsely been implicated in the present case. The application is filed on two grounds i.e. firstly, the age in identification memo Ex.P/8 was mentioned as 14 years and at the time of judgment, the age of the appellant is mentioned as 19 years and secondly; that the alleged act of the appellant does not qualified the definition of "sexual assault" and his act may at the most will come within the purview of section 354 of IPC. There is no possibility of hearing of the appeal in near future. Therefore, if the jail sentence is not suspended, the purpose of filing this appeal would become futile.
Learned counsel for the State opposed the prayer and prayed for dismissal of the application for suspension of sentence.
Looking to the facts and circumstances of the case, coupled with the fact that final hearing of the appeal will take sufficient long time, without commenting on the merits of the case, the application is allowed and it is directed that subject to depositing the fine amount, if already not deposited, the appellant shall be released on bail, on furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty thousand only) with a solvent surety in the like amount to the satisfaction of Trial Court, for his appearance before the Registry of this Court firstly on 10.07.2026 and on such other dates, as may be fixed by the Registry in this regard, till final disposal of this appeal.