Aman vs The State Of Madhya Pradesh
2021 Latest Caselaw 7944 MP

1                                      Cr.A.No.7046-2021

    THE HIGH COURT OF MADHYA PRADESH, INDORE BENCH
                           Cr.A.No.7046-2021
          (Aman S/o Tejsingh Thakur vs. State of Madhya Pradesh)

Indore, Dated: 29.11.2021
      Shri Shadab Ali, learned counsel for the appellant.
      Shri Sameer Verma, learned Panel lawyer for the
respondent/State.

Heard on the question of admission.

Record of the trial court be requisitioned. Also heard on I.A. No.28882/2021, which is an application for suspension of jail sentence of the sole appellant.

The appellant has been convicted by the First Additional Sessions Judge & Special Judge (under POCSO Act) Dewas vide judgment dated 11.11.2021 passed in S.T.No.101/2019 and sentenced him as under:-

    Conviction                         Sentence
Section      Act    Imprisonme          Fine        Imprisonment
                          nt                         in lieu of fine
11 / 12 POCSO 2years RI          3000/-      4 months RI

Counsel for the appellant submits that the appellant was released on regular bail during trial and previously his custodial sentence has already been suspended by the trial Court itself up to 10.12.2021 and there is no possibility of the early hearing of this criminal appeal before this Court, hence it is prayed that custodial sentence of the appellant be suspended during the pendency of this criminal appeal.

Counsel for the State, on the other hand, has opposed the prayer and prayed for its rejection.

Considering the rival contentions of the parties, without commenting on the merits of the case, this Court finds force with

the contention raised by the counsel for the appellant, in the considered opinion of this Court, it would be expedient to suspend the jail sentence of the appellant. Accordingly, the application I.A.No.28882/2021 is allowed.

It is directed that on furnishing a personal bond by the appellant in the sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with a solvent surety in the like amount to the satisfaction of the learned trial Court, for his regular appearance before concerned trial Court, the execution of the custodial part of the 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 28.01.2022 and on all such subsequent dates, as may be fixed by the concerned Court in this regard.

Certified copy, as per rules.

(SUBODH ABHYANKAR ) JUDGE

moni

Digitally signed by MONI RAJU Date: 2021.11.30 10:14:44 +05'30'