Imran @ Lalu vs The State Of Madhya Pradesh
2021 Latest Caselaw 9188 MP

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                                                                           CRA No.7999/2021

              High Court of Madhya Pradesh, Jabalpur
                          Bench at Indore
            Criminal Appeal No.7999/2021
Indore, Dated 30.12.2021
       Shri Nilesh J. Dave, learned counsel for appellant Imran @

Lalu s/o Aslam.

       Shri Sameer Verma, learned Panel Lawyer for the respondent /

State of Madhya Pradesh, on advance notice.

Heard on IA No.30505/2021, 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 appellant.

The present appellant has been convicted and sentenced by

learned Additional Sessions Judge and Special Judge (under POCSO

Act, 2012), Nagda, District Ujjain (MP) in Special Sessions Trial

No.SC/10/2021 vide judgment dated 16th August, 2021, as under: -

              Conviction                         Sentence
    Section        Act      RI        Fine        Imprisonment in lieu of fine
                                     amount
    354 (D)        IPC     1 year   Rs.2,500/-              3 months RI
      12       POSCO Act   1 year   Rs.2,500/-              3 months RI

Counsel for the appellant has submitted that the appellant was

on bail during the trial and he did not misuse the liberty so granted to

him. It is further submitted that short sentence of one year has been

imposed on the appellant and there are fair chances of success in the

appeal and there is no possibility of early disposal of this appeal in

near future and if the sentence is not suspended, then the present

CRA No.7999/2021

appeal filed by the appellant may turn infructuous. Under these

circumstances and looking to the short sentence imposed on the

appellant, counsel for the appellant prays for suspension of jail

sentence of the appellant and grant of bail to him.

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

other hand, opposed the application by submitting that no sufficient

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

application filed by the appellant be dismissed.

Considering the facts and circumstances of the case and the

arguments advanced by the counsel for the parties as also looking to

the period of incarceration as the appellant has already undergone

five months' of incarceration out of one year's sentence awarded to

him, 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.30505/2021 is allowed and it is directed that 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 /

her 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 /

CRA No.7999/2021

her presence before the concerned trial Court on 11.04.2022 and on

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

this regard.

Let the record of the case from the concerned trial Court be

requisitioned; and list the matter on the question of admission soon

thereafter.

IA No.30504/2021, an application for urgent hearing during

vacation shall stands disposed of.

C. c. as per rules.

(Subodh Abhyankar) Vacation Judge rcp

RAMESH CHANDRA PITHWE 2021.12.30 18:12:13 +05'30'