Bakhtawar Singh vs The State Of Madhya Pradesh
2021 Latest Caselaw 1586 MP

                          1                     Cr.A.No.1564 -2021

  THE HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE
                              Cr.A.No.1564 -2021

                      ( Bakhtawar Singh vs. State of M.P.)


Indore, Dated: 27 /04/2021

       Heard through video conferencing.
       Shri Ramesh Verma, 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 be requisitioned.

Also heard on I.A.No.4678/2021, which is an application under

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

The appellant has been convicted by the Special and Additional

Sessions Judge, Dhar vide judgment dated 19/02/2021 passed in S.T.

No.100/2017 for the offence under Sections 354(A)(1) of the IPC and 7/8

of Prevention of Children from Sexual Offence Act, 2012 and sentenced to

undergo 2 and 3 years R.I. respectively with fine of Rs.1,000/- with default

stipulation.

Learned counsel for the appellant has submitted 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 has further submitted that the sentence of the appellant has already

been suspended by the trial court itself. It is further submitted that the

appeal is likely to take a long time in its final hearing on account of the

COVID-19. 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 fact that the sentence of the appellant has already

been suspended by the trial court itself, it would be appropriate to suspend

the jail sentence of the appellant.

Accordingly, I.A. No.4678/2021 is allowed and it is directed that on

furnishing personal bond by the appellant in the sum of Rs.25,000/-

(Rupees Twenty Five 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.

Certified copy, as per rules.

(Subodh Abhyankar) Judge

moni

Digitally signed by MONI RAJU Date: 2021.04.28 18:24:17 +05'30'