Sonu Khatik vs The State Of Madhya Pradesh
2021 Latest Caselaw 9073 MP

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          THE HIGH COURT OF MADHYA PRADESH
                            Cr.A. No.7848/2021
                       (Sonu Khatik Vs. State of M.P.)

Gwalior, Dated:-21/12/2021
      Shri Madhukar Kulshreshtha, learned counsel for the appellant.

      Shri     Alok     Sharma,    learned    Panel      Lawyer     for   the

respondent/State.

Let record of the Court below be called for, if already not

called.

Appeal being arguable is admitted for final hearing.

Also heard on I.A.No.33453/2021, an application under

Section 389 of Cr.P.C. for suspension of jail sentence moved on behalf

of the appellant - Sonu Khatik.

This criminal appeal has been filed against the judgment dated

27/11/2021 passed by Special Judge (POCSO Act) / Eighth Additional

Sessions Judge, Morena (M.P.) in SC No.96/2018 by which appellant

has been convicted and sentenced with default stipulations as under:-

             Section              Imprisonment               Fine
          354 of IPC                2 years RI            Rs.2,000/-
          323 of IPC                      -               Rs.2,000/-

It is submitted by the learned counsel for appellant- Sonu

Khatik that this is the first application for suspension of sentence on

behalf of the appellant. Appellant has wrongly been convicted &

sentenced by the trial Court. There are lots of contradictions and

omissions in the evidence of the prosecution witnesses. The trial

Court has already suspended the jail sentence of the appellant for a

period of one month from the date of judgment and the fine amount

THE HIGH COURT OF MADHYA PRADESH Cr.A. No.7848/2021 (Sonu Khatik Vs. State of M.P.)

has already been deposited by the appellant. It is also submitted that

hearing of this appeal shall take considerably long time. Therefore,

prays to suspend the jail sentence of the appellant.

Learned State counsel has vehemently opposed the submissions

and prayed to reject the application for suspension of sentence.

Heard learned counsel for the parties and perused the

documents available on record.

Considering the facts and circumstances of the case, without

commenting on merits of the case, I.A.No.33453/2021 is hereby

allowed. Subject to depositing of fine amount, if not already

deposited, and on furnishing personal bond of Rs.25,000/- (Rupees

Twenty Five Thousand only) with one solvent surety of the like

amount to the satisfaction of the concerned Court, the remaining jail

sentence of the appellant shall remain suspended and he be released

on bail. The appellant is further directed to mark his appearance

before the Office of this Court on 14/02/2022 and on subsequent dates

given by the Office in this regard, till final disposal of this appeal.

List the case for final hearing in due course.

Let a copy of this order be sent to the Court below concerned

for information.

Certified copy/ e-copy as per rules/directions.

(Rajeev Kumar Shrivastava) Judge Shubhankar*

Digitally signed by SHUBHANKAR MISHRA Date: 2021.12.21 17:44:48 +05'30'