Vijay @ Lalu vs The State Of Madhya Pradesh
2021 Latest Caselaw 1696 MP

 HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE

                       CR. A. No. 8677 / 2018
           VIJAY @ LALU S/O GAJANAND Vs. STATE OF M. P.
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INDORE, Dated : 30/04/2021
      Hearing through video conferencing.
      Mr. Himanshu Thakur, learned counsel for the appellant.
      Mr. Valmiki Sakargayein, learned Panel Lawyer for the
respondent - State, on advance notice.

Heard on I.A.No. 7116/2020, first application under Section 389(1) of the Code of Criminal Procedure, 1973 for suspension of jail sentence and grant of bail filed on behalf of appellant.

The present appellant has been convicted and sentenced by learned Special Judge (POCSO) West Nimar, Mandleshwar in Special Case No. SC/94/18, vide judgment dated 19/9/2018, as under :

          Conviction                          Sentence
Section        Act           RI      Fine          Imprisonment in
                                     amount        lieu of fine
9(m) r/w. 10 POCSO           5 Years 2000/-        03 months RI
452            IPC           1 Year    1000        1 month RI

Counsel for the appellant has submitted that out of the period of 5 years, the appellant has already completed about 2 years and 7 months and the final disposal of the appeal is likely to take time as at present only bail matters and urgent matters are being taken up by this Court. Learned counsel for the appellant submitted that if the appeal is not decided expeditiously, the whole purpose of filing this appeal would be defeated. It is further submitted that even otherwise the appellant has been implicated falsely in this case as a suggestion has also been put to the prosecutrix that there was an ongoing dispute between the two families.

Counsel for the respondent - State opposes the application by submitting that no sufficient ground is made out for releasing the HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE

CR. A. No. 8677 / 2018 VIJAY @ LALU S/O GAJANAND Vs. STATE OF M. P.

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appellant on bail; hence the application filed by the appellant be dismissed.

Considering the facts and circumstances of the case and the arguments advanced by the counsel for the parties and taking note of the period of incarceration and also the fact final disposal of the appeal is likely to take sufficient time, this Court is of the considered opinion that the application for suspension of custodial sentence deserves to be allowed.

Accordingly, I.A.No. 7116/2020 is allowed and it is directed that on furnishing a personal bond by appellant Vijay @ Lalu s/o Gajanand, in the sum of Rs.50,000/- (Rs. Fifty thousand only) with a 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 the custodial part of the 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 28/7/2021 and on all such subsequent dates, as may be fixed by the concerned Court in this regard, with a further condition if the appellant has not already served out the entire sentence.

Let the matter be listed for final hearing in due course. Certified copy, as per Rules.

(SUBODH ABHYANKAR) JUDGE KR

Digitally signed by KAMAL RATHORE Date: 2021.05.01 16:43:05 +05'30'