Meharban vs State Of M.P.
2022 Latest Caselaw 2293 MP

                                            1                                          CRA No.4730/2020



               High Court of Madhya Pradesh, Jabalpur
                           Bench at Indore
               Criminal Appeal No.4730/2020
Indore, Dated 18.02.2022
      Shri Vikas Yadav, learned counsel for appellant Meharban s/o

Bhuralal.

      Shri Shashwat Seth, learned Panel Lawyer for the respondent / State

of Madhya Pradesh.

Heard on IA No.29487/2021, repeat (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. His earlier first

application (IA No.5934/2020) was dismissed as withdrawn vide order

dated 08.12.2020 whereas second application (IA No.2778/2021) was also

dismissed as withdrawn with a liberty to renew the prayer after completion

of two years' incarceration of the appellant.

The present appellant has been convicted and sentenced by learned Special

Judge & 4th Additional Sessions Judge, Dewas, District Dewas (MP) in Sessions

Trial No.288/2019 vide judgment dated 10.02.2020, as under: -

              Conviction                                 Sentence
    Section            Act             RI         Fine amount         Imprisonment in lieu of fine
   7r/w8      POCSO Act      4 years            Rs.10,000/-         3 months RI

Counsel for the appellant has submitted that the impugned judgment

is dated 10.02.2020 and as such he has already completed more than two

years of incarceration and during the course of trial also, the appellant was

in jail for a period of three months.

Hence, it is prayed that application for suspension of jail sentence be

allowed.

Per contra, learned Panel Lawyer for the respondent / State has

opposed the prayer for suspension of jail sentence and prays for its

rejection.

Having considered the rival submissions and on perusal of the record

as also taking note of the fact that the appellant has already completed half

of the sentence awarded to him, this Court is of the opinion that the

application for suspension of jail sentence filed on behalf of the appellant

deserves to be allowed.

Accordingly, without expressing any opinion on merits of the case,

IA No.29487/2021 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 concerned trial 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 concerned trial Court on 11.05.2022 and on all such

subsequent dates, as may be fixed by the concerned Court in this regard.

Let the matter be listed for final hearing in due course of time.

(Subodh Abhyankar) Judge rcp

RAMESH CHANDRA PITHWE 2022.02.18 15:35:16 +05'30'