Mohsin vs The State Of Madhya Pradesh
2022 Latest Caselaw 16074 MP

                                                                      1
                                          IN THE HIGH COURT OF MADHYA PRADESH
                                                        AT INDORE
                                                           CRA No. 1379 of 2019
                                                    (MOHSIN Vs THE STATE OF MADHYA PRADESH)

                           Dated : 05-12-2022

                           Shri Ankit Chourasia, learned counsel for appellant Mohsin S/o Iliyas Khan @
                           Mohammad Munna.

                           Shri Ranjeet Sen, learned Government Advocate for the respondent / State of

Madhya Pradesh.

Heard on IA No.4648/2022, repeat (FOURTH) 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. His earlier THIRD application (IA No.2714/2021) has already been dismissed by this Court as withdrawn vide order dated 27.08.2021 with a liberty to renew his prayer after completion of half of the jail sentence.

The present appellant has been convicted and sentenced by learned Special Judge [POCSO Act, 2012], Indore, District Indore (MP) in Special Sessions Trial No.285/2014 vide judgment dated 18th January, 2019, as under: -

                                   C onviction                            Se nte nce
                              Section      Act     RI       Fine          Imprisonment in lieu of fine
                                                           amount
                              376 (1)      IPC   7 years   Rs.500/-          3 months additional RI

Counsel for the appellant has submitted that a sentence of seven years rigorous imprisonment has been awarded to the appellant and out of which, more than three and half years have already been completed by him in jail.

Counsel for the respondent / State, on the other hand, h a s opposed the application by submitting that no sufficient ground is made out for releasing the appellant on bail; hence the application filed by the appellant be dismissed.

Having considered the rival submissions and on perusal of the record as also considering the fact that the appellant has already suffered half of the sentence awarded to him and the final disposal of the appeal is likely to take sufficiently long time as there is no likelihood of early disposal of this appeal in near future, this Court is of the considered opinion that the application for suspension of Signature Not Verified Signed by: RAMESH CHANDRA PITHWE Signing time: 06-12-2022 10:37:14

custodial sentence deserves to be allowed.

Accordingly, without expressing any opinion on merits of the case, IA No.4648/2022 is allowed, subject to depositing the fine amount, if any, and it is directed that on furnishing a 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 the Registry of this Court, the execution of the custodial part of the sentence imposed against the appellant (s) shall remain suspended, till the final disposal of this appeal.

The appellant (s), after being enlarged on bail, shall mark his / her presence before the Registry of this Court on 30.01.2023 and on all such subsequent dates, as may be fixed by the Registry of this Court in this regard.

It is made clear that after being released on bail, if the appellant again indulges himself / herself in any criminal activity, the learned Judge of the trial Court shall, after giving an opportunity of hearing to the appellant, be at liberty to cancel this bail order, without further reference to this Court.

Certified copy as per rules.

(SUBODH ABHYANKAR) JUDGE

rcp

Signature Not Verified Signed by: RAMESH CHANDRA PITHWE Signing time: 06-12-2022 10:37:14