Sonu Das vs The State Of M.P.
2021 Latest Caselaw 6380 MP

                                1                       Cra.3246.2020

                The High Court of Madhya Pradesh
                          Cra.3246.2020
                   (Sonu Das Vs. State of M.P.)

Gwalior dated 04.10.2021

      None for the appellant.

      Shri   Nitin   Goyal,     learned   Panel      Lawyer    for      the

respondent/State.

Learned counsel for rival parties are heard.

I.A. No. 29383/2021 third repeat application u/Sec. 389(1)

Cr.P.C. for suspension of sentence and grant of bail moved on behalf

of appellant-Sonu Das after dismissal of earlier one as withdrawn

with liberty to come again after suffering some further reasonable

period of custody is taken up and considered .

This criminal appeal assails the judgment dated 13.03.2020

passed in S.C. No.05/2017 by 1st Additional District and Sessions

Judge Ashoknagar to the court of 2nd Additional Judge District

Ashoknagar (M.P.) whereby appellant-Sonu Das has been convicted

and sentenced as under. :-

Section                Imprisonment              Fine
7/8 of POCSO Act       Three years' R.I          Rs.    1000/-      with
                                                 default stipulation

Learned counsel for the State opposed the application and

prayed for its rejection by contending that on the basis of the

allegations and the material available on record, no case for

suspension of sentence is made out.

Appellant has suffered one and a half years of custody

including pre and post conviction period as against sentence of three 2 Cra.3246.2020

years R.I.

The decision of the Apex Court in the case of Kamal Vs. State

of Haryana reported in 2006(1) SCC(Cri) 757 has been pressed

into service which lays down that in matters where fixed period of

sentence is awarded appellant can be released on bail after

undergoing substantial period of sentence. The ratio of the said

judgment has been reiterated in Salim Javed Vs. State of Rajasthan

2006 (9) SCC 602.

Considering short term period of sentence and looking to the

fact that there is no likelihood of early disposal of the present appeal

in the near future, without entering into the merits of the matter, this

Court is inclined to grant bail to appellant-Sonu Das by way of

suspension of sentence.

Accordingly, without expressing any opinion on merits,

I.A.29383/2021 is allowed and it is directed that the jail sentence of

appellant-Sonu Das will remain under suspension subject to

verification that the amount of fine has been deposited, on appellant's

furnishing bail bond of Rs.50,000/- (Rupees Fifty Thousand Only)

with two solvent sureties of the like amount to the satisfaction of

concerned CJM for his appearance before the concerned CJM on

10.03.2022 and on such further dates as may be fixed by him which

shall be of frequency not less than once a year.

In case, appellant is found absent on any date fixed by

the concerned Magistrate then the said Magistrate shall be free to

issue and execute warrant of arrest for securing his presence without 3 Cra.3246.2020

first referring the matter to this Court, provided the Registry of this

Court is kept informed.

C.c. as per rules.

(Sheel Nagu) Judge ojha

YOGENDRA OJHA 2021.10.05 10:35:27 +05'30'