Ravi vs The State Of Madhya Pradesh
2021 Latest Caselaw 8981 MP

1          HIGH COURT OF MADHYA PRADESH :
                   BENCH AT INDORE
                     CRA No.2031/2021
                    Ravi Vs. State of MP

Indore: Dated:- 20/12/2021:-

Dashrath, Cousin of appellant is present in person. Shri Sameer Verma, learned Panel Lawyer for the State. Heard on IA-6438-2021, an application filed under Section 389 (1) of Cr.P.C., for suspension of sentence and grant of bail moved on behalf of the appellant - Ravi.

The appellant has been convicted and sentenced by learned Special Judge (Protection of Children from Sexual Offences Act), Dr. Ambedkar Nagar, Dist. Indore (MP) in SC No.56/2020 vide judgment dated 05/03/2021, as under: -

Section        Act         Imprisonment Fine        Imprisonment
                                                    in lieu of Fine
354-A(1)      IPC         3 years RI      2000/-    1 month RI

509           IPC         2 years RI      1000/-    1 month RI
11(1)     r/w POCSOA, 3 years RI          2000/-    1 month RI
12            2012

Counsel for the appellant has submitted that the appellant is convicted on the basis of statement of victim (PW-3) and her mother (PW2). It is further submitted that the appellant was also on bail during the course of trial and has not misused the liberty extended to him. It is further submitted that the appellant is in jail since 05/03/2021 and the appeal is not likely to be heard at an early date, hence it is submitted that the appellant be released on bail.

The prayer for suspension of sentence is opposed by the learned counsel for the State.

      2         HIGH COURT OF MADHYA PRADESH :
                       BENCH AT INDORE
                         CRA No.2031/2021
                        Ravi Vs. State of MP

Having considered the rival submissions and on perusal of the record, this Court finds force with he contentions raised by cousin of the appellant and also taking note of the fact that the appeal is not likely to be heard at an early date and the period of incarceration, without expressing any opinion on merits of the case, IA No.6438/2021 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.25,000/- (Rupees Twenty Five 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.

C. c. as per rules.

(SUBODH ABHYANKAR) JUDGE soumya

Digitally signed by SOUMYA RANJAN DALAI Date: 2021.12.20 16:53:03 +05'30'