High CourtsSingle Bench

Lokendra vs State Of M.P

Madhya Pradesh High Court · Decided on 25 February 2022 · Citation: (2022) 02 MP CK 0176

HON’BLE JUDGES
Satyendra Kumar Singh, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 506B · Protection Of Children From Sexual Offences Act, 2012 — Section 18
RESULT
Allowed
CASE NUMBER
Criminal Appeal No. 1935 Of 2022
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Judgment

10 paragraphs · 314 words

Satyendra Kumar Singh, J

Heard on I.A.No.2899/2022, an application for suspension of sentence and grant of bail to appellant.

The trial Court has convicted the appellant under Section 506-B of IPC and sentenced to undergo six months' RI and under section 18 of Protection of Children from Sexual Offences Act and sentenced to undergo two years RI vide judgment of conviction and order of sentence dated 17.2.2022 passed by Addl.Sessions Judge, Tarana, District Ujjain in S.T. No.15/2020.

Learned counsel for appellant submits that the trial Court has not properly appreciated the evidence available on record. The appellant was on bail during trial and he has not misused the liberty granted to him. The trial Court has suspended the sentence till 17.3.2022 There is no likelihood of hearing of appeal in near future. In view of aforesaid, learned counsel for the appellant prays for suspension of remaining jail sentence and grant of the bail to the appellant.

Learned counsel appearing for the respondent/State has opposed the prayer.

Considering the rival submissions, material produced on record and the fact that trial Court has suspended the sentence till 17.3.2022, there is no likelihood of hearing of appeal in near future, without expressing any opinion on merits of the matter I.A.No.2899/2022 is allowed and jail sentence of the appellant shall remain suspended.

It is directed that subject to depositing the fine amount, if already not deposited, he shall be released on bail, on furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) along 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 25.04.2022, and on such other dates, as may be fixed by the Registry in this regard, till final disposal of this appeal.

I.A.No.2899/2022 is allowed.

List the matter for admission alongwith record.

C.C. as per rules.