Manak Bhil vs The State Of Madhya Pradesh
2021 Latest Caselaw 5018 MP

                                                                             1                              CRA-4926-2021
                                                     The High Court Of Madhya Pradesh
                                                                CRA-4926-2021
                                                              (MANAK BHIL Vs THE STATE OF MADHYA PRADESH)

                                            1
                                            Indore, Dated : 03-09-2021

                                                    Shri B.S.Gandhi, Counsel for the appellant-Manak.
                                                    Shri Awdesh Polekar, Counsel for the respondent/State.

Heard on IA No.22973/2021, a n 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 section 7/8 of POCSO Act and sentenced to undergo 3 years RI with fine of Rs.2,000/- with default stipulation by Additional Sessions Judge, Badnagar, District Ujjain in Sessions trial No.56/2020 vide judgment dated 7.8.2021.

Learned counsel for appellant submits that sentence of the appellant has been suspended by the trial court itself till

5.10.2021. It is submitted that appellant was on bail during the trial and he has not misused the liberty. The appellant has fair chances of success in this appeal 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.

Taking into consideration that jail sentence of the appellant has been suspended by the trial court itself till 5.10.2021 and that Signature Not VerifiedDigitally signed by SAN SMT MUKTA KOUSHAL Date: 2021.09.03 17:32:11 IST final hearing of the appeal will take considerable long time, this 2 CRA-4926-2021

Court is of the considered opinion t ha t t h e application for suspension of custodial sentence deserves to be allowed.

Accordingly, without expressing any opinion on merits of the case, IA No.22973/2021 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.

Appeal is already admitted for final hearing. Let record be requisitioned.

List 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: 2021.09.03 17:32:11 IST