Dinesh vs The State Of Madhya Pradesh
2021 Latest Caselaw 1738 MP

                           1                          Cr.A.No. 2036-2019

  THE HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE
                                Cr.A.No. 2036-2019
                               (Dinesh vs. State of M.P.)
Indore, Dated: 03/05/2021
               Heard through video conferencing.
       Shri Abhay Kumar Saraswat learned counsel for the appellant.
      Shri Sudhanshu Vyas, learned counsel for the respondent/State.

Heard on the question of admission.

Appeal is admitted for hearing.

Record of the lower courts is available.

Also heard on I.A. No.8549/2021, which is the first application

filed under Section 389(1) of the Cr.P.C. for suspension of jail sentence on

behalf of the appellant.

The appellant has been convicted and sentenced by the Special

Judge (under POCSO Act), Mandsaur vide judgment dated 31/01/2019

passed in Special Case No.2188/2018 as under :

Name of the            Conviction             Sentence Fine          In lie
appellant              under Section                   amount

Dinesh                 9(M)/10       5 yrs R.I.             4000/-    5 months RI
                       of POCSO Act,

Learned counsel for the appellant submits that out of the period of

5 years, the appellant has already completed about more than three and a

half years in jail and the final disposal of the appeal is likely to take

sufficiently long time as at present only bail matters and urgent matters are

being taken up by this Court due to COVID-19. Under these

circumstances,counsel prays for suspension of remaining custodial

sentence and grant of bail to the appellant.

On the other hand, learned counsel for the State/respondent opposed

the prayer and prayed for rejection of the application.

Considering the facts and circumstances of the case and the

arguments advanced by the counsel for the parties and taking note of the

period of incarceration and the final hearing of the appeal is likely to take

sufficiently long time due to COVID-19, in the considered opinion of this

Court, it would be appropriate to suspend the jail sentence of the appellant.

Accordingly, I.A. No.8549/2021 is allowed and it is directed that on

furnishing personal bond by the appellant in the sum of Rs.50,000/-

(Rupees Fifty Thousand only) with one separate solvent surety in the like

amount to the satisfaction of the learned trial Court, for his regular

appearance before the concerned trial Court, the execution of custodial part

of the remaining 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 18/08/2021 and on all such

subsequent dates, which are fixed in this regard by the concerned trial

Court.

List the matter for final hearing in due course.

Certified copy, as per rules.

(Subodh Abhyankar) Judge

moni Digitally signed by MONI RAJU Date: 2021.05.03 18:04:40 +05'30'