Arjun Singh vs State Of M.P.
2021 Latest Caselaw 1585 MP

                         1                           Cr.A.No.420 -2021

  THE HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE
                             Cr.A.No.420 -2021

             ( Arjun Singh s/o Prahlad Singh vs. State of M.P.)


Indore, Dated: 27 /04/2021

           Heard through video conferencing.
           Shri Palash Chowdhary, learned counsel for the appellant.

           Shri     Sudhanshu    Vyas,     learned     Panel     Lawyer    for   the

respondent/State.

Heard on the question of admission.

Record of the lower courts is available.

Appeal is admitted for hearing.

Also heard on I.A.No.595/2021, which is an application under

Section 389(1) of Cr.P.C. for suspension of jail sentence of the appellant.

The appellants have been convicted by the Special Judge (under

POCSO Act) Neemuch vide judgment dated 15/01/2021 passed in Special

S.T. No.24/2019 for the offence under Sections 7/8 of Prevention of

Children from Sexual Offence Act, 2012 and sentenced to undergo 3 years

and 6 months R.I. with fine of Rs.10,000/- with default stipulation.

Learned counsel for the appellant submits that the learned trial

Court has not properly appreciated the evidence on record and has

recorded the conviction without considering serious anomalies,

contradictions and omissions present in the testimony of various witnesses.

He submits that the appellant was on bail during the trial and he has not

misused the liberty so granted to him. It is further submitted that the

appeal is likely to take a long time in its final hearing. Under these

circumstances, he prays that the application for suspension of jail sentence

be allowed.

On the other hand, learned counsel for the State/respondent opposed

the prayer and prayed for rejection of the application.

Considering the submissions made on behalf of the parties and facts

and circumstances of the case, it would be appropriate to suspend the jail

sentence of the appellants.

Accordingly, I.A. No.595/2021 is allowed and it is directed that on

furnishing personal bond by all the appellant in the sum of Rs.50,000/-

(Rupees Fifty Thousand only) with one separate solvent surety in the like

amount to the satisfaction of the learned trial Court, for his regular

appearance before the concerned trial Court, the execution of custodial part

of the remaining sentence imposed against the appellant shall remain

suspended, till the final disposal of this appeal.

The appellant, after being enlarged on bail, shall mark his presence

before the concerned trial Court on 30/07/2021 and on all such

subsequent dates, which are fixed in this regard by the concerned trial

Court.

List the appeal for final hearing in due course.

Certified copy, as per rules.

(Subodh Abhyankar) Judge

moni

Digitally signed by MONI RAJU Date: 2021.04.28 10:46:57 +05'30'