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Judgment
On the last date of hearing 06.08.2020, it was directed that the matter will be heard upon failure of filing of written objection by the State.
Therefore, arguments heard on I.A. No.7225/2020 filed for suspension of substantive jail sentence of appellant Nitin @ Golu. The appellant has been
convicted on 12.07.2020 passed in Special Case No.111/2014 by Xth ASJ (POCSO) Jabalpur (M.P.).
The trial Court convicted the appellant for the offence under Sections 363, 366, 376(2)(i), 323 of IPC and Section 6 of POCSO Act. The maximum
punishment has been awarded for 10 years R.I. with fine of Rs.5000/- with default stipulation under Section 376(2)(i) of IPC and Section 6 of
POCSO Act.
It appears from Para 32 of the judgment that the appellant is confined in custody since 17.06.2014. Therefore, more than half of the sentence has
been served. The appeal will take sufficient time in final disposal. Therefore, looking to all circumstances of the case, the application is allowed.
It is directed that the remaining part of substantive jail sentence of appellant Nitin @ Golu will be treated as suspended till the final decision of this
appeal subject to his furnishing a bail bond worth Rs.50,000/-(Rupees Fifty Thousand) and a personal bond of the same amount to the satisfaction
of the trial court.
After releasing on bail, the appellant will appear before the Registry of this Court on 17.12.2020 and thereafter on other subsequent dates as may be
fixed by the Registry in this behalf.
Accordingly, the aforesaid I.A. is allowed.
Certified copy as per rules.
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