Nafees vs The State Of Madhya Pradesh
2022 Latest Caselaw 16075 MP

                                                                           1
                                            IN THE HIGH COURT OF MADHYA PRADESH
                                                          AT INDORE
                                                               CRA No. 6450 of 2020
                                                       (NAFEES Vs THE STATE OF MADHYA PRADESH)

                           Dated : 05-12-2022

                           Shri Khuzema Kapadia, learned counsel for appellant Nafees S/o Ibrahim.

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

Madhya Pradesh.

Heard on IA No.11077/2022, repeat (SECOND) 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 His earlier FIRST application (IA No.13552/2021) has already been dismissed as withdrawn by this Court vide order dated 03.12.2021.

The present appellant has been convicted and sentenced by learned 22nd Additional Sessions Judge & Special Judge [POCSO Act, 2012] , Indore, District Indore (MP) in Special Sessions Trial No.167/2017 vide judgment dated 28th November, 2020, as under: -

                                     C onviction                               Se nte nce
                              Section        Act     RI         Fine           Imprisonment in lieu of fine
                                                               amount
                               377           IPC   10 years   Rs.2,000/-            1 year additional RI


                                6          POCSO   10 years   Rs.2,000/-            1 year additional RI
                                            Act

Counsel for the appellant has submitted that the appellant has been sentenced to ten years rigorous imprisonment and as of now, he has already completed more than five years of imprisonment, as he is in jail since 08.09.2017.

Counsel for the respondent / State of Madhya Pradesh, on the other hand, 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 Signature Not Verified awarded to him and the final disposal of the appeal is likely to take sufficiently Signed by: RAMESH CHANDRA PITHWE Signing time: 06-12-2022 10:37:14

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.11077/2022 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