Akash vs The State Of Madhya Pradesh
2021 Latest Caselaw 6533 MP

1                                        Cr.A. No.5992-2021

    THE HIGH COURT OF MADHYA PRADESH, INDORE BENCH
                           Cr.A. No.5992-2021
              (Akash s/o Babulal vs. State of Madhya Pradesh )

Indore, Dated: 08/10/2021
      Shri Rakesh Pal, learned counsel for the appellant.

      Shri Aditya Gar, learned Govt. Advocate for the

respondent/State.

Heard on the question of admission.

Appeal is admitted for hearing.

Record of the lower court be requisitioned.

Also heard on I.A.No.27190/2021, which is an application under

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

The appellant has been convicted by the Special Judge, (under

POCSO Act) District- Badwah vide judgment dated 08.9.2021 passed

in Special Case No.15/2019 and sentenced him as under:-

     Conviction                          Sentence
 Section    Act      Imprisonment            Fine          Imprisonme
                                                           nt in lieu of
                                                               fine
    451     IPC        1 Year RI             500/-         15 days RI
    7/8     IPC        3Years RI             500/-         15 days RI

Learned 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

08.10.2021 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.

Learned Public Prosecutor 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 forced 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.27190/2021 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 30.12.2021 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: 2021.10.08 18:13:33 +05'30'