Mithilesh vs State Of M.P.
2021 Latest Caselaw 4233 MP

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  HIGH COURT OF MADHYA PRADESH : BENCH AT INDORE
                          Cr. A. No.407 of 2021
                        Mithilesh Vs. State of M.P.

Indore, Dated:- 12/08/2021

        Heard through video conferencing.

        Shri Sanjay Sharma, Counsel for the appellant - Mithilesh S/o

Sahebrao Bodkhe.

        Shri Kapil Mohan, Counsel for the respondent/State.

Heard on IA No.724/2021, 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 the appellant.

The present appellant has been convicted and sentenced by

Special Judge, (POCSO Act, 2012), Indore (MP) in Special Case

No.272/2019 vide judgment dated 07.01.2021, as under: -

         Conviction                        Sentence
   Section        Act          RI        Fine       Imprisonment in
                                        amount        lieu of fine
   354        IPC, 1860     3 years Rs.1,000/-      One year RI
   342        IPC, 1860     6      Rs.500/-         Two months RI
                            months
   10        POCSO       5 years Rs.1,000/- One year RI
             Act, 2012

Looking to the overt act attributed to the present appellant so

also the period of incarceration as he is in jail since 07.01.2021 and

the fact that the final disposal of the appeal is likely to take sufficient

long time, this Court is of the considered opinion that the application

for suspension of custodial sentence deserves to be allowed.

HIGH COURT OF MADHYA PRADESH : BENCH AT INDORE Cr. A. No.407 of 2021 Mithilesh Vs. State of M.P.

Accordingly, without expressing any opinion on merits of the

case, IA No.724/2021 is allowed and it is directed that on furnishing a

personal bond by the appellant in the sum of Rs.50,000/- (Rupees

fifty thousand only) with a solvent surety in the like amount to the

satisfaction of the learned trial Court, for his / her regular appearance

before 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 06.12.2021 and on all

such subsequent dates, as may be fixed by the concerned Court in this

regard.

List the matter after two weeks.

C. c. as per rules.

(SUBODH ABHYANKAR) JUDGE Pankaj

Digitally signed by PANKAJ PANDEY Date: 2021.08.14 15:05:06 +05'30'