Sonu Alias Mithlesh vs The State Of Madhya Pradesh
2021 Latest Caselaw 2856 MP

                                   1                              CRA-1096-2015
        The High Court Of Madhya Pradesh
                   CRA-1096-2015
               (SONU ALIAS MITHLESH Vs THE STATE OF MADHYA PRADESH)

30
Jabalpur, Dated : 30-06-2021
       Heard through Video Conferencing.

       Shri Vishnu Kumar Patel, Advocate for the appellant.
       Shri Kishor Roy, P.L. for the respondent-State.

Heard on I.A. No.10846/2021 a temporary application for suspension of execution of sentence awarded to the appellant and grant of bail.

Vide judgment dated 07.04.2015 passed by learned First Addl. Sessions Judge, Panna, Distt.-Panna in Special Case No. 19/2014, the appellant has been convicted for the offence punishable under Section 377 of IPC and sentenced him to undergo R.I. for 10 years, with a fine of Rs. 2,000/- and under Section 5(E)/6 of POCSO Act and sentenced him to undergo R.I. for 10 years with fine of Rs. 2,000/- default stipulation in each Learned counsel for the appellant submits that the marriage of

appellant's younger sister is scheduled to be held on 06.07.2021. So, for completion of rites and rituals in the marriage ceremony, appellant's presence is necessary. This appeal is of year 2015 and trial will take time to conclude the same. There is fair chance to succeed in the appeal. Ther e is no likelihood of his absconding and tampering with the evidence. Under the circumstances, if the execution of sentence of the appellant is not suspended, his right to file appeal will be futile. Hence, prayer is made for temporary suspension of jail sentence and grant of bail to the present appellant-accused.

On the other hand, learned Panel Lawyer for the respondent-State opposes the submission of appellant's counsel and prays for rejection of application.

2 CRA-1096-2015 Heard and perused the record.

Having considered the argument advanced by learned counsel for the parties and the fact that marriage of appellant's younger sister is scheduled to be held on 06.07.2021, which has been verified by the Panel Lawyer for the State, in view of this Court, it is appropriate to

grant temporary bail for 10 days' to the appellant-accused.

Accordingly, the said I.A. is allowed.

It is ordered that subject to payment of fine amount, if not already deposited, the execution of jail sentence of the appellant-Sonu @ Mithlesh shall remain suspended for 10 days and he be released on bail on his furnishing a personal bond for a sum of Rs. 1,00,000/-(Rupees One Lakh Only) with two solvent sureties each of Rs. 50,000/- to the satisfaction of the Trial Court. After the expiry of said period of 10 days, appellant is directed to surrender himself before the Trial Court. If the appellant-accused will not surrender before the Trial Court after expiry of the aforesaid period, then Trial Court is free to take necessary steps.

List this matter in week commencing 12.07.2021.

C.C. as per rules.

(RAJENDRA KUMAR SRIVASTAVA) JUDGE

Pallavi Digitally signed by PALLAVI SINHA Date: 2021.07.01 17:44:40 +05'30'