Sunil @ Sunny vs The State Of Madhya Pradesh
2021 Latest Caselaw 1920 MP

                          1                          Cr.A.No.7861-2019

  THE HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE

                              Cr.A.No.7861-2019
                         (Sunil @ Sanny vs. State of M.P.)

Indore, Dated: 08/05/2021

             Heard through video conferencing.

         Shri Akshat Pahadiya, learned counsel for the appellant.

        Shri Sudhanshu Vyas, learned counsel for the respondent/State.

Heard on I.A.No.6607/2020, which is the first application under

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

appellant.

The appellant has been convicted and sentenced by the First

Additional Sessions Judge, Manawar, District-Dhar vide judgment dated

09/01/2019 passed in S.P. No.71/2018 as under :

 Conviction             Sentence           Fine amount In lieu
 under Section
 376 (2) (N) IPC        10 yrs R.I.          500/-           3 months RI

 5(I), 6 of POCSO 10 yrs R.I.             500/-        3 months RI
 Act

Learned counsel for the appellant has submitted that it is a case of

consent which is also apparent from the deposition of the prosecutrix P.W.

1 and the prosecutrix's age is also disputed as according her father P.W.2,

the date of birth of his daughter was recorded by the Teacher of the school

on his/her own surmises.

On due consideration of the depositions of the P.W. 1 and P.W. 2 and

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.6607/2020 is allowed and it is directed that on

furnishing personal bond by the appellant in the sum of Rs.25,000/-

(Rupees Twenty Five 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 27/08/2021 and on all such

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

Court.

Certified copy, as per rules.

(Subodh Abhyankar) Judge

moni

Digitally signed by MONI RAJU Date: 2021.05.08 17:26:50 +05'30'