Rahul @ Bahul vs The State Of Madhya Pradesh
2021 Latest Caselaw 8315 MP

 HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE
                            Criminal Appeal No.1780/2019
              (Rahul @ Baahul S/o Kawarji Bhabar Vs. State of M. P.)
                                          -1-
Indore, dated 06/12/2021

         Shri Bharat Malviya, learned counsel for the appellant.

         Shri D. S. Chouhan, learned Panel Lawyer for the respondent /

State.

Heard on I.A.No.1724/2021, which is second application for

suspension of sentence of the appellant filed under Section 389 of the

Cr.P.C. His first application for suspension of sentence i.e.

IA.No.166/2020 was dismissed as withdrawn on 20/01/2020 .

The appellant has been convicted and sentenced by V Additional

Sessions Judge, Dhar, District Dhar (M.P.) in Sessions Trial No.32/2018

vide judgment dated 31/12/2018, as under:-

             Conviction                           Sentence
          Section          Act   Imprisonment       Fine     Imprisonment
                                                   of Rs.    in lieu of Fine
            354            IPC     01 Year RI      1,000/-    01 Month RI
          354-A(2)         IPC     02 Years RI     1,000/-    01 Month RI
            323            IPC     01 Year RI       500/-     01 Month RI
            7/8       POCSO        03 Years RI     1,000/-    03 Months RI
           9M/10      POCSO        05 Years RI     1,000/-    03 Months RI
           9N/10      POCSO        05 Years RI     1,000/-    03 Months RI

Learned counsel for the appellant submitted that appellant has

been sentenced for five years RI and he has already completed more

than three and half years sentence out of the total sentenced awarded

to him. Counsel has further submitted that the appeal is not likely to be

heard at an early date and looking to the facts and circumstances of the

case, he be released on bail.

HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE Criminal Appeal No.1780/2019 (Rahul @ Baahul S/o Kawarji Bhabar Vs. State of M. P.)

The prayer for suspension of sentence is opposed by the learned

counsel for the State.

On due consideration of submissions, perusal of the record and

considering the fact that the appellant has already suffered more than

half of the sentenced out of the total sentence awarded to him, this

Court finds force with the contentions raised by the Counsel for the

present appellant to allow the application for suspension of custodial

sentence.

Accordingly, without expressing any opinion on merits of the case,

IA No.1724/2021 is allowed and it is directed that upon depositing fine

amount and 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

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 07/02/2022 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 Tej Digitally signed by TEJPRAKASH VYAS Date: 2021.12.06 17:23:59 -08'00'