Changa @ Bherulal vs The State Of Madhya Pradesh
2022 Latest Caselaw 2381 MP

                                          1                         Cr.A. 840-2022

    THE HIGH COURT OF MADHYA PRADESH, BENCH INDORE
                            Cr.A. No. 840 of 2022
        ( CHANGA @ BHERULAL Vs. STATE OF MADHYA PRADESH)


Indore, Dated: 21/02/2022

          Shri Nitin Vyas, learned counsel for the appellant.
       Shri Vaibhav Bhagawat, learned counsel appearing on behalf of
Additional Advocate General.
      Record of the lower court be requisitioned.
      Heard on I.A.No.1200/2022, which is an application under Section

389(1) of the Cr.P.C. for suspension of jail sentence of the appellant.

      The appellant has been convicted by the Special Judge (POCSO Act),

Ujjain vide judgment dated 20.12.2021 passed in Special Case No.169/2017

and sentenced them as under:-

      Conviction                              Sentence
  Section         Act      Imprisonment          Fine           Imprisonment
                                                                in lieu of fine
    354           IPC        500/- fine       1 month RI

  354(A)          IPC        01 year RI          500/-          01 month RI


      Learned counsel for the appellant has submitted that the learned trial

Court has not properly appreciated the evidence on record and has recorded

the conviction without considering serious anomalies, contradictions and

omissions present in the testimony of various witnesses. It is further

submitted that the appellant was on bail during the trial and he has not

misused the liberty so granted to him. It is also submitted that the appeal is
                                            2                    Cr.A. 840-2022

likely to take a long time in its final hearing. Under these circumstances, he

prays that the application for suspension of jail sentence be allowed.

         On the other hand, learned counsel for the State/respondent opposed

the prayer and prayed for rejection of the application.

Considering the submissions made on behalf of the parties and facts

and circumstances of the case, it would be appropriate to suspend the jail

sentence of the appellants.

Accordingly, I.A. No.1200/2022 is allowed and it is directed that on

furnishing personal bond by all the appellant in the sum of Rs.25,000/-

(Rupees Twenty Five Thousand only) with one separate solvent surety in

the like amount to the satisfaction of the learned trial Court, for his regular

appearance before the concerned trial Court, the execution of custodial part

of the remaining 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 29/04/2022 and on all such

subsequent dates, which are fixed in this regard by the concerned trial

Court.

Certified copy, as per rules.

(Subodh Abhayankar) JUDGE

moni

Digitally signed by MONI RAJU Date: 2022.02.21 14:45:15 +05'30'