Maanju vs The State Of Madhya Pradesh
2021 Latest Caselaw 8231 MP

1                                              Cr.A.No.1503-2021

     THE HIGH COURT OF MADHYA PRADESH, INDORE BENCH
                                  Cr.A.No.1503-2021
               (Maanju s/o Himla Bilwaal vs. State of Madhya Pradesh)

Indore, Dated: 04.12.2021
            Shri Abhay Saraswat, learned counsel for the appellant.
            Shri    Sameer     Verma,       learned      Panel   lawyer     for     the
respondent/State.

Heard on the question of admission.

Record of the lower court is available.

Appeal is admitted for final hearing.

Also Heard on I.A.No.4504/2021, which is the first application

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

the sole appellant-Maanju.

The appellant has been convicted by the Special Judge

(POCSO Act), Jhabua, District-Jhabua vide judgment dated 28.1.2021

passed in S.T. No.5088/2016 and sentenced him as under:-

       Conviction                                Sentence
    Section         Act      Imprisonment              Fine       Imprisonment

                                                                  in lieu of fine
     354            IPC       1 Years RI              3,000/-      3 months RI
      7/8          POCSO      3 Years RI              7,000/-      3 months RI

Counsel for the appellant has submitted that the appellant has

already undergone 16 months, out of three years incarceration and the

final disposal of the appeal is likely to take long time. It is further

submitted that otherwise the appellant has been falsely implicated in

the offence on account of political rivalry and thus, false implication

cannot be ruled out. In such circumstances, it is submitted that the

application be allowed and the jail sentence of the appellant be

suspended.

Counsel for the respondent/State, on the other hand, has

opposed the prayer.

On considering the aforesaid submissions, on perusal of the

record, this Court finds forced with the contention raised by the counsel

for the appellant, it would be expedient to suspend the jail sentence of

the appellant. Accordingly, the application I.A.No.4504/2021 is

allowed.

It is directed that on furnishing a personal bond by the appellant

in the sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with

a solvent surety in the like amount to the satisfaction of the learned trial

Court, for his 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 20.1.2022 and on all

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

regard.

Certified copy, as per rules.

(SUBODH ABHYANKAR ) JUDGE moni

Digitally signed by MONI RAJU Date: 2021.12.04 15:28:29 +05'30'