Sawan vs The State Of Madhya Pradesh
2021 Latest Caselaw 2458 MP

                             1                    Cr.A.No. 2815 -2020

  THE HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE
                             Cr.A.No. 2815 -2020
                       (Sawan s/o Sardar vs. State of M.P.)

Indore, Dated: 16/06/2021

          Heard through video conferencing.

        Shri Shahid Shaikh, learned counsel for the appellant.

       Ms. Poorva Mahajan, learned counsel for the respondent/State.

Heard on I.A.No.2571/2020, which is an application under Section

389(1) of Cr.P.C. for suspension of jail sentence of the appellant.

The appellant has been convicted by the Special & 4 th Additional

Session Judge (POCSO Act), Dewas vide judgment dated 10.2.2020 and

sentenced him as under:-

          Conviction                              Sentence
    Section            Act       Imprisonment      Fine       Imprisonment

                                                              in lieu of fine
    7 r/w 8     Prevention of     4 Years RI      10000/-      3 Months RI
                Children from
                   Sexual
                Offcence Act

Counsel for the appellant has submitted that the minimum sentence

provided under Section 8 of the Prevention of Children from Sexual

Offcence Act, 2012 is three years only, but the applicant has been convicted

for four years and he has already completed one year and a half month and

the appeal is likely to take a long time in its final hearing and the allegation

against the appellant is that he held the victims' hand and there is no overt

act attributed to him. Under these circumstances, he prays that the

application for suspension of jail sentence be allowed.

Counsel for the respondent/State, on the other hand, has opposed the

prayer.

Having considered the rival submissions and looking to the nature of

offence and the period of incarceration and appeal is not likely to be heard

at an early date, without expressing any opinion on merits of the case, IA

No.2571/2020 is allowed and it is directed that 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 27.08.2021 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

moni

Digitally signed by MONI RAJU Date: 2021.06.16 14:41:37 +05'30'