Pintu vs The State Of Madhya Pradesh
2021 Latest Caselaw 2535 MP

                              1                  Cr.A.No. 9417-2019

  THE HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE
                               Cr.A.No. 9417-2019
                        (Pintu vs. State of Madhya Pradesh)

Indore, Dated: 18/06/2021

           Heard through video conferencing.

         Shri S.S. Rawat, learned counsel for the appellant.

         Shri Amit Raj, learned counsel for the respondent/State.

Heard on I.A.No.886/2021, which is third repeat application under

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

The appellant has been convicted by the Additional Sessions Judge

Bheekangaon, Mandlewshar vide judgment dated 14.10.2019 and

sentenced him as under:-

           Conviction                             Sentence
    Section             Act       Imprisonment      Fine      Imprisonment

                                                               in lieu of fine
     354                IPC       4 Years RI      1000/-       1 Month RI
                Prevention of
                  Children
     7/8        from Sexual       4 Years RI      1000/-       1 Month RI
                Offcence Act

Counsel for the appellant has submitted that, out of the period of four

years' sentence, the appellant has already completed almost two years

sentence as he is in jail since 14.10.2019 and the appeal is likely to take

sufficiently long time in its final hearing and the allegation against the

appellant is that he caught hold 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.886/2021 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 31.08.2021 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: 2021.06.18 16:54:23 +05'30'