Deepak vs The State Of Madhya Pradesh
2021 Latest Caselaw 1781 MP

                         1                          Cr.A.No. 1737-2015

  THE HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE
                             Cr.A.No. 1737-2015
                    (Deepak s/o Santosh Patel vs. State of M.P.)

Indore, Dated: 04/05/2021
              Heard through video conferencing.
       Shri Shashank Kumar Jain, learned counsel for the appellant.
      Ms. Geetanjali Chourasiya, learned counsel for the
respondent/State.

Record of the lower courts is available.

Heard on I.A. No.8776/2020, which is the second application

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

sentence on behalf of the appellant.

Earlier application-I.A.No.9357/2015 has already been

dismissed by this Court vide order dated 24.9.2019 holding that, at

this stage, no case for suspension of jail sentence is made out.

The appellant has been convicted and sentenced by the learned

Sessions Judge, Mandleshwar (West Nimar) vide judgment dated

3/9/2015 passed in Special Case No.2188/2018 as under :

Name of the         Conviction              Sentence        Fine     In lie
appellant           under Section
Deepak              376(2(1)(N)             10 yrs RI       2000/- 2 months RI
                    of IPC
                    5 / 6 of POCSO 10 yrs RI                2000/- 2 months RI
                    Act, 2012
                    363 & 366 of IPC 3-3yrs RI              500-     1 month RI
                                                            500/-
                    344 of IPC              6months RI 500/- 1 month RI

Learned counsel for the appellant has submitted that, now the

appellant has completed total period of more than 6 years and 3

months, out of 10 years of incarceration, as awarded by the trial court

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,

0counsel prays for suspension of remaining custodial sentence and

grant of bail to the appellant.

Learned counsel for the State/respondent, on the other hand, has

opposed the prayer.

Considering the facts and circumstances of the case and the

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

the fact that the appellant has already completed 6 years and 3 months,

out of 10 years of incarceration awarded to him and also the fact that

the appellant was also released twice on temporary bail and he has not

misused the same 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.8776/2020 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 28/08/2021 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: 2021.05.04 14:58:49 +05'30'