Prakash vs The State Of Madhya Pradesh
2021 Latest Caselaw 8125 MP

                                                                                 1                             CRA-3583-2019
                                                    The High Court Of Madhya Pradesh
                                                             CRA No. 3583 of 2019
                                                                   (PRAKASH Vs THE STATE OF MADHYA PRADESH)


                                            Indore, Dated : 02-12-2021
                                                   Shri Vikas Yadav, learned counsel for the appellant.

                                                   Shri D.S. Chouhan, Panel Lawyer for respondent/State.

Heard on I.A.No.27623/2021, which is third repeat application for suspension of jail sentence of the appellant who has been convicted by the Special Judge SC/ST (Prevention of Atrocities) Act, Neemuch, vide judgment

dt.15.4.2019, for commission of offence punishable under Section 9(m)/10 of POCSO Act, sentenced to undergo 5 years RI with fine of Rs.3000/-, with default stipulation.

Earlier application for suspension of jail sentence (I.A.No.8961/2019) was dismissed as withdrawn by order dt.19.11.2019 with liberty to renew his prayer after completion of half of jail sentence awarded to the appellant.

Learned counsel for the appellant submits that the appellant has already completed 31 months out of 5 years imprisonment and as such completed more than half of the jail sentence. It is submitted that the final disposal of the

appeal will take considerable long time, hence, it is prayed that application for suspension of jail sentence be allowed.

Per contra, learned Panel lawyer for the respondent/State has opposed the application for suspension of jail sentence.

On due consideration of the facts and circumstances of the case, without expressing any opinion on merits of the case, I.A.No.27623/2021 is allowed and it is directed that upon appellant's depositing the fine amount (if not already deposited) and on furnishing a personal bond to the tune of Rs.50,000/- with one solvent surety in the like amount to the satisfaction of the trial Court, the substantive jail sentence of the appellant shall remain suspended till the final disposal of the appeal and he shall be released on bail, for his appearance before the Registry of this Court on 30.12.2021 and all other subsequent dates, as may be fixed in this behalf by the Office/Registry. Signature Not VerifiedDigitally signed by SAN SHAILESH MAHADEV SUKHDEVE Date: 2021.12.02 18:51:42 IST 2 CRA-3583-2019 List for final hearing in due course.

C.c. as per rules.

(SUBODH ABHYANKAR) JUDGE

SS/-

Signature Not Verified
              VerifiedDigitally
                       Digitally signed by
  SAN                  SHAILESH
                       MAHADEV
                       SUKHDEVE
                       Date: 2021.12.02
                       18:51:42 IST