Sandeep Solanki vs The State Of Madhya Pradesh
2021 Latest Caselaw 8385 MP

 HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE
                         Criminal Appeal No.2289/2021
                       (Sandeep Solanki Vs. State of M. P.)
                                       -1-

Indore, dated 07/12/2021

         Shri Akash Rathi, learned counsel for the appellant.

         Shri Sameer Verma, learned Panel Lawyer for the respondent /

State.

Heard on I.A.No.7327/2021, which is an application for suspension

of sentence of the appellant filed under Section 389(1) of the Cr.P.C.

The appellant has been convicted and sentenced by II Additional

Sessions Judge/Special Judge, Sonkatch, District Dhar (M.P.) in

Sessions Trial No.20/2019 vide judgment dated 09/03/2021, as under:-

                  Conviction                       Sentence
               Section           Act     Impri.     Fine Impri. in lieu
                                                   of Rs.  of Fine
               11(IV)/12       POCSO 1 Yr. RI 1,000/-         2 Months RI
             (in respect of
           prosecutrix No.1)
               11(IV)/12       POCSO 1 Yr. RI 1,000/-         2 Months RI
             (in respect of
           prosecutrix No.4)

Learned counsel for the appellant has submitted that the

sentence of the appellant has already been suspended by the learned

Judge of the trial Court and presently he is on bail. Counsel has further

submitted that the appellant has never misused the liberty granted to

him and the appeal is not likely to be heard at an early date and

looking to the short sentence awarded to the appellant, he be released

on bail.

The prayer for suspension of sentence is opposed by the

learned counsel for the State.

HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE Criminal Appeal No.2289/2021 (Sandeep Solanki Vs. State of M. P.)

Having considered the rival submissions and taking note of the

fact that the sentence of the appellant has already been suspended by

the trial Court and appeal is not likely to be heard at an early date,

without expressing any opinion on merits of the case, IA

No.7327/2021 is allowed.

It is directed that upon depositing fine amount (if not already

deposited) 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: 2021.12.07 17:38:52 -08'00'