Bablu vs The State Of Madhya Pradesh
2021 Latest Caselaw 4884 MP

                                                                             1                           CRA-197-2017
                                                     The High Court Of Madhya Pradesh
                                                                CRA-197-2017
                                                                (BABLU Vs THE STATE OF MADHYA PRADESH)

                                            20
                                            Indore, Dated : 01-09-2021

                                                    Shri Rakesh Sharma, Counsel for the appellant-Bablu.
                                                    Shri Awdesh Polekar, Counsel for the respondent/State.

Heard on IA No.8595/2020, third application under Section 389 (1) of the Code of Criminal Procedure, 1973 for suspension

of jail sentence and grant of bail filed on behalf of the appellant.

The present appellant has been convicted under sections 366 IPC and sec.6 of POCSO Act and sentenced to undergo 5 years RI and 10 years RI with fine of Rs.1,000/- and Rs.1,000/- respectively with default stipulation by III Additional Sessions Judge, Indore in Sessions trial No.8/2016 vide judgment dated 16.1.2017 Learned counsel for appellant submits that the third

application being I.A.No.5389/2020 has been dismissed by this Court vide order dated 22.09.2020 and appellant has spent more than 5 years and 11 months in jail, thus completed more than half of the sentence awarded to him and final hearing of the appeal is likely to take sufficient long time. In these circumstances, jail sentence of the appellant be suspended and he be released on bail.

Counsel f o r t he respondent/State, o n t he other hand, has opposed the prayer by submitting that since earlier application of the appellant has been dismissed on merits, therefore no case is Signature Not VerifiedDigitally signed by SAN SMT MUKTA KOUSHAL Date: 2021.09.02 11:22:30 IST made out for suspension of sentence.

2 CRA-197-2017

While deciding the earlier application, this Court has taken note of the age of the prosecutrix as 17 years. However, looking to the period spent by the appellant in jail and considering the fact that final disposal of the appeal will take considerable long

time,this Court is of the considered opinion that the application for suspension of custodial sentence deserves to be allowed.

Accordingly, without expressing any opinion on merits of the case, IA No.8595/2020 is allowed and it is directed that on furnishing personal bond by the appellant in the sum of Rs.50,000/- (Rupees fifty thousand only) with a solvent surety in the like amount to the satisfaction of the learned trial Court, for his / her 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 13.12.2021 and on all such subsequent dates, as may be fixed by the concerned Court in this regard.

Since the appeal is already admitted for final hearing, list the same for final hearing in due course.

C. c. as per rules.

(SUBODH ABHYANKAR) JUDGE

MK

Signature Not Verified VerifiedDigitally Digitally signed by SAN SMT MUKTA KOUSHAL Date: 2021.09.02 11:22:30 IST