Anmol Chauhan vs The State Of Madhya Pradesh
2021 Latest Caselaw 1547 MP

                                   1                             CRA-1579-2021
        The High Court Of Madhya Pradesh
                   CRA-1579-2021
            (ANMOL CHAUHAN Vs THE STATE OF MADHYA PRADESH AND OTHERS)

3
Jabalpur, Dated : 23-04-2021
      Heard through Video Conferencing.
      Mr. Jagat Singh, Advocate for the appellant.
      Mr.    A.     Rajeshwar    Rao,     Government     Advocate       for   the
respondent/State.

Heard on the question of admission.

Appeal is arguable hence admitted for hearing.

Also heard on I.A. No.3852/2021 which is the first application for suspension of sentence and grant of bail on behalf of the appellant.

T he appellant has been convicted under Sections 363, 366, 354 of I.P.C. and Section 7/8 of POCSO Act and sentenced to R.I. for 3 years with fine of Rs.3000/-, R.I. for 3 years with fine of Rs.3000/-, R.I. for 1 year with fine of Rs.1000/- and R.I. for 3 years with fine of Rs.3000/- in default R.I. for 6 months, R.I. for 6 months, R.I. for 3 months and R.I. for 6 months respectively vide judgment dated 23.02.2021 passed by 18th Additional

Sessions Judge/Special Judge, POCSO Act, Bhopal in Sessions Trial No.824/2018.

Learned counsel appearing for the appellant submits that appellant has remained in jail from 04.09.2018 to 25.04.2019, 09.05.2019 to 23.09.2019, 23.10.2019 to 14.02.2020, 19.02.2020 to 04.07.2020 and from 04.08.2020 till date and thus he has already undergone the sentence of more than 2 years and 2 months out of the maximum sentence of 3 years awarded to the appellant, therefore, his sentence be suspended and he be released on bail.

Considering the fact that accused/appellant has been sentenced to maximum period of 3 years and out of which he has already undergone more than 2 years and 2 months and also considering that co-accused Naved Khan who has been convicted for imprisonment for 20 years and that hearing of 2 CRA-1579-2021 this appeal is likely take long time, we are persuaded to allow the application I.A. No.3852/2021 and suspend the sentence awarded to the appellant.

It is directed that the remaining part of the jail sentence imposed upon the appellant - Anmol Chauhan shall remain suspended and he shall be enlarged on bail upon his furnishing a personal bond in the sum of Rs.50,000/- (Fifty Thousand Only) with two sureties of Rs.25,000/- each

to the satisfaction of the learned trial Court.

The jail authorities shall have the appellant checked by the jail doctor to ensure that he is not suffering from the coronavirus and if he is, he shall be sent to the nearest hospital designated by the state for treatment. If not, he shall be transported to his place of residence by the jail authorities.

C.C. as per rules.

               (MOHAMMAD RAFIQ)                                      (SANJAY DWIVEDI)
                CHIEF JUSTICE                                                JUDGE


   psm
Digitally signed by
PREM SHANKAR
MISHRA
Date: 2021.04.23
17:22:10 +05'30'