Sanjay vs The State Of Madhya Pradesh
2021 Latest Caselaw 8382 MP

                                                               1                            CRA-1163-2015
                                       The High Court Of Madhya Pradesh
                                                CRA No. 1163 of 2015
                                                  (SANJAY Vs THE STATE OF MADHYA PRADESH)


                                Indore, Dated : 07-12-2021

                                     Shri Shivendra Singh, Counsel for the appellant-Sanjay.

                                     Shri Palash Choudhary, Counsel for the respondent/State.

Heard on IA No.28311/2021, which is tenth 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 363, 366-A, 376(2)(b)(i)(n) and 506 of IPC and sec.6 of POCSO Act and sentenced to undergo 7 years RI, 7 years RI, 10 years RI and 1 year RI with fine of Rs.1,000/-,Rs.1000/- and Rs.1,000/- respectively with default stipulation by II Additional Sessions Judge, Khargone, District West Nimar in Sessions trial

No.355/2013 vide judgment dated 5.8.2015.

Learned counsel for appellant submits that prosecutrix was the consenting party and infact she is residing in the house of appellant and also has two children. The affidavit of the prosecutrix has also been filed along with the application for suspension of sentence. It is further submitted that appellant has already undergone jail sentence of around 5 years and final disposal of this appeal is likely to take sufficient long time. In these circumstances, jail sentence of the appellant be suspended and he be released on bail.

Signature Not Verified SAN Counsel for the respondent/State was also heard.

Digitally signed by SMT MUKTA KOUSHAL Date: 2021.12.07 03:57:08 PST 2 CRA-1163-2015 Having perused the record including the affidavit filed by the prosecutrix, 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.28311/2021 is allowed and it is directed that 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 22.02.2022 and on all such subsequent dates, as may be fixed by the concerned Court in this regard.

Since the appeal is already admitted for final hearing, list the same for final hearing in due course.

C. c. as per rules.

(SUBODH ABHYANKAR) JUDGE

MK

Signature Not Verified SAN

Digitally signed by SMT MUKTA KOUSHAL Date: 2021.12.07 03:57:08 PST