Bherulal @ Rohit vs The State Of Madhya Pradesh
2021 Latest Caselaw 1925 MP

                        1                           Cr.A.No.8487-2019

  THE HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE

                             Cr.A.No.8487-2019
                       (Bherulal @ Rohit vs. State of M.P.)

Indore, Dated: 08/05/2021

           Heard through video conferencing.

         Shri Abhishek Tugnawat, learned counsel for the appellant.

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

Heard on I.A.No.6428/2020, which is the second application under

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

appellant. His earlier application -I.A.No.8129/2019 was dismissed by this

Court vide order dated 2.3.2020 as withdrawn.

The appellant has been convicted and sentenced by the Third

Additional Sessions Judge, Neemuch vide judgment dated 3/07/2019

passed in S.T. No.40/2018 as under :

 Conviction           Sentence            Fine amount In lieu
 under Section
 363 IPC              3 yrs R.I.             2000/-           2 months RI

 366(A) IPC           5 yrs R.I.             3000/-           3 months RI
 506 IPC              6 months R.I.           500/-           3 months RI
 6 POCSO Act           10 yrs R.I.            5000/-          5 months RI

On perusal of the depositions of the prosecutrix (P.W.2) as also her

father (P.W.1) Ramesh Meghwal regarding the consent of the prosecutrix

and her age respectively 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.6428/2020 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 17:27:09 +05'30'