Makhan vs The State Of Madhya Pradesh
2021 Latest Caselaw 4696 MP

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  HIGH COURT OF MADHYA PRADESH : BENCH AT INDORE
                        Cr. A. No.4838 of 2021
                       Makhan Vs. State of M.P.

Indore, Dated:- 25/08/2021
      Ms. Sarika Gupta, Counsel for the appellant - Makhan S/o

Jairam Chouhan.

      Shri Yashpal Rathore, Panel Lawyer for the respondent/State.

Heard on IA No.22556/2021, 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, Ujjain (MP) in Special Case

No.111/2020 vide judgment dated 13.08.2021, as under: -

         Conviction                        Sentence
   Section       Act         RI           Fine     Imprisonment in
                                         amount      lieu of fine
   354        IPC        1 year         Rs.1,000/- 2 months RI
   7&8        POCSO 3 years             Rs.1,000/- 2 months RI
              Act, 2012
   341       IPC         1 month SI

Counsel for the appellant has submitted that the appellant was

on bail during the trial and he does not misuse the liberty so granted

to him. After conviction, the jail sentence of the appellant has already

been suspended by the trial Court upto 12.10.2021. It is further

submitted that there are fair chances of success in the appeal, there is

no possibility of early disposal of this appeal in near future; and if the

sentence is not suspended, then the present appeal filed by the

HIGH COURT OF MADHYA PRADESH : BENCH AT INDORE Cr. A. No.4838 of 2021 Makhan Vs. State of M.P.

appellant may turn infructuous. Under these circumstances and

looking to the short sentence imposed on the appellant, counsel for

the appellant prays for suspension of jail sentence of the appellant and

grant of bail to him.

Counsel for the respondent / State of Madhya Pradesh opposes

the application by submitting that no sufficient ground is made out for

releasing the 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, this Court is of the

considered opinion that the application for suspension of custodial

sentence deserves to be allowed.

Accordingly, without expressing any opinion on merits of the

case, IA No.22556/2021 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

HIGH COURT OF MADHYA PRADESH : BENCH AT INDORE Cr. A. No.4838 of 2021 Makhan Vs. State of M.P.

presence before the concerned trial Court on 13.12.2021 and on all

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

regard.

Let the record of the case from the concerned trial Court be

requisitioned; and list the matter on the question of admission soon

thereafter.

C. c. as per rules.

(SUBODH ABHYANKAR) JUDGE Pankaj Digitally signed by PANKAJ PANDEY Date: 2021.08.25 16:45:53 +05'30'