Santosh Mohite vs The State Of Madhya Pradesh
2021 Latest Caselaw 8299 MP

                                                                1                              CRA-7248-2021
                                       The High Court Of Madhya Pradesh
                                                CRA No. 7248 of 2021
                                         (SANTOSH MOHITE Vs THE STATE OF MADHYA PRADESH AND OTHERS)


                                Indore, Dated : 06-12-2021

                                     Shri S.Sharma, Counsel for the appellant-Santosh.

                                     Shri D.S.Chouhan, Counsel for the respondent/State.

Let record of the court below be requisitioned. Heard on IA No.29255/2021, 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.

T he present appellant has been convicted under sections 354 IPC and sec.9(m)/10 r/w sec.18 of POCSO Act and sentenced to undergo 1 years RI and 3 years RI with fine of Rs.1,000/- and Rs.4,000/- respectively with default stipulation by Special Sessions Judge (POCSO Act), Indore in Sessions trial No.5/2021 vide judgment dated 17.11.2021.

Learned counsel for appellant submits that trial court has erred in not considering the material omissions and contradictions in the statement of prosecution witnesses and guilt of the appellant is not established beyond all reasonable doubts. Appellant was on bail during trial and he has not misused the liberty granted to him. Final hearing of the appeal is likely to take sufficient long time. In these circumstances, jail sentence of the appellant be suspended and he be released on bail.

Counsel f o r t he respondent/State, o n t he other hand, has opposed the prayer.

Signature Not Verified SAN Looking to the short sentence involved and sentence of the

Digitally signed by SMT MUKTA KOUSHAL Date: 2021.12.07 00:05:13 PST 2 CRA-7248-2021 appellant has already been suspended by the trial court itself coupled with the fact that final disposal of the appeal will take considerable long time,this Court is of the considered opinion that the application for suspension o f custodial sentence deserves to be allowed.

Accordingly, without expressing any opinion on merits of the case, IA No.29255/2021 is allowed and it is directed that on depositing the fine amount if not already deposited and on furnishing 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 14.02.2022 and on all such subsequent dates, as may be fixed by the concerned Court in this regard.

C. c. as per rules.

(SUBODH ABHYANKAR) JUDGE

MK

Signature Not Verified SAN

Digitally signed by SMT MUKTA KOUSHAL Date: 2021.12.07 00:05:13 PST