Jagdish vs The State Of Madhya Pradesh
2022 Latest Caselaw 10311 MP

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT INDORE
                                                      CRA No. 6354 of 2022
                                          (JAGDISH Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                          Dated : 29-07-2022
                                Shri Rajesh Yadav, learned counsel for the appellant.

                                Shri Sudhanshu Vyas, learned Govt. Advocate for the respondent/State.

Heard on I.A.No.10332/2022, an application for suspension of jail sentence of the appellant - Jagdish.

Appellant has been convicted by Special Judge(POCSO), Distt. Rajgarh vide judgment dated 29.06.2022 passed in ST No.556/2021 for

commission of offence punishable under Section 354 of IPC and Section 8 of POCSO Act and sentenced to undergo RI for 01 year with fine of Rs.1000/- and further RI for 3 years with fine of Rs. 2,000/- with default stipulation.

Learned counsel for the appellant submits that FIR was lodged against unknown person. TIP has not been conducted and statements of prosecution witnesses are inconsistent. It is further submitted that short sentence has been awarded to the appellant by the learned trial Court and his sentence has already been suspended by the Court below till 16.08.2022 for filing appeal before this Court. He submits that the learned Special court erred in holding the appellant

guilty in the alleged offence. There are omissions and contradictions in the finding of the learned trial court. The final conclusion of the appeal shall take considerable time. Hence, prays that application for suspension of sentence be allowed.

Learned Panel Lawyer for State has opposed the prayer and prays for rejection of the application for suspension of sentence.

On due consideration of the facts and circumstances of the case so also Signature Not Verified Signed by: SEHAR HASEEN Signing time: 7/30/2022 12:19:17 PM

looking to the short sentence awarded by the learned trial Court to the appellant, without expressing any opinion on merits of the case, I.A.No.10332/2022 is allowed.

It is directed that upon appellant depositing the fine amount (if not already deposited) and on furnishing a personal bond to the tune of Rs.50,000/-(Rupees Fifty Thousand only) with one solvent surety in the like amount to the satisfaction of the trial court, the substantive jail sentence of appellant shall remain suspended till the final disposal of the appeal and he shall b e released on bail for his appearance before the Registry of this court on 29.09.2022 and all other subsequent dates, as may be fixed in this behalf by

the Office.

Record of Court below be requisitioned.

List for admission after receipt of record. C.c. as per rules.

(SATYENDRA KUMAR SINGH) JUDGE

sh

Signature Not Verified Signed by: SEHAR HASEEN Signing time: 7/30/2022 12:19:17 PM