Bahadur vs The State Of Madhya Pradesh
2021 Latest Caselaw 9190 MP

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                                                                              CRA No.8180/2021

               High Court of Madhya Pradesh, Jabalpur
                           Bench at Indore
            Criminal Appeal No.8180/2021
Indore, Dated 30.12.2021
       Shri Harshvardhan Pathak, learned counsel for appellant

Bahadur s/o Gyan Singh Tomar.

       Shri Sameer Verma, learned Panel Lawyer for the respondent /

State of Madhya Pradesh, on advance notice.

Heard on IA No.30458/2021, 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 Special Judge (under POCSO Act, 2012), Mandleshwar,

District West Nimar (MP) in Special Sessions Trial No.SC

ATR/80/2017 vide judgment dated 15th December, 2021, as under: -

               Conviction                           Sentence
    Section         Act       RI         Fine        Imprisonment in lieu of fine
                                        amount
   11 r/w 12    POSCO Act    1 year    Rs.3,000/-              1 month RI
     190            IPC     6 months   Rs.1,000/-              15 days 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. After conviction, the jail sentence of the appellant has already

been suspended by the trial Court itself. It is further submitted that

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

CRA No.8180/2021

sentence is not suspended, then the present 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, 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.30458/2021 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 /

her presence before the concerned trial Court on 11.04.2022 and on

CRA No.8180/2021

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.30456/2021, an application for urgent hearing and IA

No.30457/2021, an application for hearing during vacation shall

stand disposed of.

C. c. as per rules.

(Subodh Abhyankar) Vacation Judge rcp

RAMESH CHANDRA PITHWE 2021.12.30 18:12:39 +05'30'