Nana Alias Ajay vs The State Of Madhya Pradesh
2022 Latest Caselaw 16157 MP

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                                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                                      AT INDORE
                                                                           CRA No. 1297 of 2018
                                                              (NANA ALIAS AJAY Vs THE STATE OF MADHYA PRADESH)

                                            Dated : 06-12-2022
                                                  Shri Nilesh Dave, learned counsel for the appellant.

                                                  Shri Sudhanshu Vyas Pl appearing on behalf of Advocate
                                            General/State.

                                                  Heard on I.A. No.8902/2022, first application under Section 389 (1) of
                                            Cr.P.C for suspension of sentence and grant of bail moved on behalf of

                                            appellant Nana @ Ajay.
                                                  The appellant has been convicted for offence punishable under Section
                                            363, 366, 344 of IPC and under Section 5(L)/6 of POCSO Act, and sentenced
                                            to undergo 03, 05, 01 and 10 years respectively with fine of Rs. 500, 1000/-,
                                            500/- and 2000/- respectively with default stipulations.
                                                  Learned counsel for the appellant submits that he is not seeking bail on
                                            merit but on the ground that the appellant has completed more than half of the
                                            sentence and out of the 10 years he has completed 8 years and 03 months of his
                                            jail incarceration period. There are fair chances of success in the appeal and

                                            there is no likelihood of disposal of appeal in near future. Under these
                                            circumstances, counsel prays for suspension of remaining jail sentence of
                                            appellant and grant of bail.
                                                  Learned Government Advocate for the respondent / State opposes the

application by submitting that the applicant is convicted under the provisions of POCSO Act and hence, he is not entitled for any relief. Signature Not VerifiedDigitally signed by SAN AMIT KUMAR

Keeping in view the fact that the appellant is in custody for more than 8 Date: 2022.12.07 18:14:22 IST

years and 3 months i.e. more than half of the sentence, so also in light of order

passed by Division Bench of this Court in Cr.A. No.1167/2014, in which this Court has granted suspension of sentence as the appellant therein was in custody for more than 10 years without remission by relying upon a judgment delivered in the case of Supreme Court Legal Aid Committee Representing under trial Prisoners v/s Union of India & Others reported in (1994) 6 SCC 731, I deem it proper to suspend the remaining jail sentence of the appellant.

Accordingly, I.A. No.8902/2022 is allowed and it is directed that subject to depositing the fine amount and on furnishing personal bond by 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 regular appearance before this Court, the execution of custodial part of the sentence imposed against the appellant shall remain suspended, till the final disposal of this appeal.

Appellant after being enlarged on bail, shall mark his presence before the Registry of this Court on 11.01.2023 and on all such subsequent dates, as may be fixed by the Registry in this regard.

This is an admitted appeal.

List the appeal in due course for final hearing. Certified copy, as per Rules.

(RAJENDRA KUMAR (VERMA)) JUDGE

amit Signature Not Verified VerifiedDigitally Digitally signed by SAN AMIT KUMAR Date: 2022.12.07 18:14:22 IST