Vimal Pandit vs The State Of Madhya Pradesh
2021 Latest Caselaw 8858 MP

     HIGH COURT OF MADHYA PRADESH: BENCH: INDORE
           S.B. Hon'ble Shri Justice Subodh Abhyankar

                  CRIMINAL APPEAL. No.6165/2021
                    (Vimal Pandit vs. State of M.P.)

Indore dt.15.12.2021

                                **********

Shri Sunil Jain, learned Senior counsel with Shri Kushagrah Jain, learned counsel for the appellant.

Shri Valmik Sakargaye, Panel Lawyer for respondent/State.

********** Heard on the question of admission.

Admit.

Also heard on I.A.No.29823/2021, which is an application for

suspension of jail sentence of the appellant who has been convicted by the

Special Judge, Sardarpur, district Dhar, vide judgment dt.28.9.2021 for the

offence punishable under Sections 509 of IPC, sentenced to undergo 1 year

SI, under Section 9(d)/10 of POCSO Act, sentenced to undergo 5 years RI

with fine of Rs.5000/- and under Section 11(II)/12 of POCSO Act,

sentenced to undergo 1 year SI with fine of Rs.5000/-, with default clause

on each count.

Learned Senior counsel for the appellant has submitted that no case

under Section 9(d)/10 of POCSO Act would be made out, that on perusal of

the statements of all the victims recorded in the Court clearly reveal that

none of them have alleged any overt act leading to aggravated sexual assault

as defined under Section 7 of the Act. So far as the physical contact of the

appellant with the victims is concerned, it is limited to rubbing of their

shoulders only and touching of back in addition to the dirty talk, which he

used to have with the victim. He also submits that the appellant is lodged in

jail for more than one month and earlier also he had undergone around 41 days incarceration and final disposal of the appeal is likely to take sufficient

long time.

Per contra, counsel for the State has opposed the prayer for the

suspension of jail sentence and prays for its rejection.

Having considering the submissions and perusal of the record, this

Court finds force in the contention raised by learned Senior counsel for the

appellant and considering the fact that the appellant was on bail during the

course of trial and there is no allegation that he has misused the liberty

extended to him, without expressing any opinion on merits of the case,

I.A.No.29823/2021, filed on behalf of the appellant is allowed and it is

directed that upon appellant's depositing the fine amount (if not deposited)

and on furnishing a personal bond to the tune of Rs.50,000/- with one

solvent surety in the like amount to the satisfaction of the trial court, the

substantive jail sentence of the appellant shall remain suspended till the

final disposal of the appeal and he shall be released on bail, for his

appearance before the Registry of this Court on 28.1.2022 and all other

subsequent dates, as may be fixed in this behalf by the Registry of this

Court.

List for final hearing in due course.

C.c. as per rules.

                                                        (Subodh Abhyankar)
                                                              Judge
                    Digitally signed by SHAILESH
                    MAHADEV SUKHDEVE
SS/-                Date: 2021.12.20 14:45:28 +05'30'