Mahesh vs The State Of Madhya Pradesh
2021 Latest Caselaw 9099 MP

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                                                                    CRA No.1545/2021

          High Court of Madhya Pradesh, Jabalpur
                      Bench at Indore
            Criminal Appeal No.1545/2021
Indore, Dated 22.12.2021
      Mr. Rishi Raj Trivedi, learned counsel for appellant No.1

Mahesh s/o Premnarayan, appellant No.2 Kamal s/o Gopal and

appellant No.3 Shubhash s/o Salgaon @ Salagram.

      Ms. Harshlata Soni, learned Panel Lawyer for the respondent /

State of Madhya Pradesh.

Heard on IA No.4623/2021, first 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 appellants.

The present appellants have been convicted and sentenced by

the learned Special Judge (under POCSO Act, 2012) and 2 nd

Additional Sessions Judge, Shajapur, District Shajapur (MP) in

Special Sessions Case No.65/2018 vide judgment dated 27 th

February, 2021, as under: -

 Sr. Name of accused    Section       Convic Natu Fine         In        Natur
 No.                                  tion   re of             default   e of
                                             conv              of        convi
                                             ictio             payment   ction
                                             n                 of fine
 1    Mahesh s/o        354 IPC       3 Years RI    Rs.5,000/- 1 year    RI
      Premnarayan

354 (a) IPC 1 year RI Rs.2,000/- 3 month RI 2 Kamal s/o Gopal 354 IPC 3 -3 RI Rs.5,000/- 1-1 year RI years Rs.5,000/-

      Subhash s/o
      Salgaon @
      Salagram
                        354 (a) IPC   1-1      RI   Rs.2,000/- 3 - 3     RI
                                      year          Rs.2,000/- months
                        7 r/w 8 POCSO 3-3      RI   Rs.5,000/- 1-1 year RI
                        Act           years         Rs.5,000/-

                                                           CRA No.1545/2021

Learned Counsel for the appellants has fairly submitted that

the jail sentence of the appellants has already been suspended by the

learned Judge of the trial Court after delivery of the judgment; and

the present appeal was filed before this Court on 04.03.2021 along

with an application for early hearing (IA No.4625/2021), but

unfortunately despite the matter was listed on four occasions, the

matter could not be heard for one reason or the other.

Counsel has further submitted that after the period of bail was

over and after issuance of arrest warrants, the appellants have

surrendered before the trial Court on 22.12.2021 and thereafter they

have been taken into custody.

It is also submitted that even otherwise, the appellants were

not at fault if the case could not be listed before this Court or their

application for suspension of jail sentence could not be heard and

decided by this Court, despite the fact that the appeal along with an

application for suspension of their jail sentence having been filed

much before the expiry of period of bail granted by the learned Judge

of the trial Court. Thereafter, on 22.12.2021 after issuance of arrest

warrants against the appellants, the appellants have appeared before

the trial Court and have also surrendered themselves before the trial

Court on 22.12.2021; and since then, they are in jail.

Thus, it is submitted that since the appellants have already

CRA No.1545/2021

surrendered before the trial Court on 22.12.2021, as their application

for suspension of jail sentence could not be heard and decided by this

Court, no purpose would be served if the appellants will remain in

jail, especially when their suspension of sentence was already

suspended by the learned Judge of the trial Court for a certain period

of time to prefer an appeal.

Thus, under these circumstances and looking to the facts and

circumstances of the case, learned counsel for the appellants prays

for suspension of jail sentence of the appellants and grant of bail to

them.

Counsel for the respondent / State of Madhya Pradesh, on the

other hand, opposes the application by submitting that no sufficient

ground is made out for releasing the appellants on bail; hence the

application filed by the appellants be dismissed.

Having considered rival submissions and on perusal of the

case record, it is found that the present appeal has been filed by the

appellants on 04.03.2021; and admittedly the appellants have already

surrendered before the trial Court on 22.12.2021, as their suspension

application could not be decided and the matter was kept adjourned

for one reason or other.

In view of the aforesaid facts, it is found that the appellants

were not at fault as the appeal could not be heard by this Court. In

such circumstances, it would be appropriate to allow their bail /

CRA No.1545/2021

suspension application.

Considering the facts and circumstances of the case and the

arguments advanced by the counsel for the parties, this Court is of

the considered opinion that the application for suspension of

custodial sentence deserves to be allowed.

Accordingly, without expressing any opinion on merits of the

case, IA No.4623/2021 is allowed and it is directed that on

furnishing a personal bond by each of the appellants 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 their

regular appearance before concerned trial Court, the execution of

the custodial part of the sentence imposed against the appellants shall

remain suspended, till the final disposal of this appeal.

The appellant (s), after being enlarged on bail, shall mark his /

her presence before the concerned trial Court on 14.06.2022 and on

all such subsequent dates, as may be fixed by the concerned Court in

this regard.

Let the matter be listed on the question of admission.

C. c. as per rules.

(Subodh Abhyankar) Judge rcp

RAMESH CHANDRA PITHWE 2021.12.23 15:04:03 +05'30'