Manoj vs The State Of Madhya Pradesh
2021 Latest Caselaw 1924 MP

                        1                           Cr.A.No.6649-2019

  THE HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE

                              Cr.A.No.6649-2019
                             (Manoj vs. State of M.P.)

Indore, Dated: 08/05/2021

           Heard through video conferencing.

        Shri Vivek Singh, learned counsel for the appellant.

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

Heard on I.A.No.5799/2020, which is the second application under

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

appellant. Earlier application -I.A.No.6546/2019 was dismissed by this

Court vide order dated 23.9.2019 as withdrawn.

The appellant has been convicted and sentenced by the Second

Additional Sessions, Sendhwa, District-Badwani vide judgment dated

22/07/2019 passed in Special Case No.18/2019 as under :

 Conviction                 Sentence       Fine amount In lieu
 under Section
 354 IPC                    2 yrs R.I.       1000/-       3 months RI

 354(A) IPC                 2 yrs R.I.        1000/-      3 months RI
 456 IPC                    2 yrs R.I.         500/-      3 months RI
 7/ 8 POCSO                 4 yrs R.I.         500/-      4 months RI

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

4 years, the appellant has already completed two 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.5799/2020 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 17:25:48 +05'30'