Rakesh vs The State Of Madhya Pradesh
2022 Latest Caselaw 8365 MP

                                                                          1
                                                    IN THE HIGH COURT OF MADHYA PRADESH
                                                                  AT INDORE
                                                                   CRA No. 5097 of 2022
                                                             (RAKESH Vs THE STATE OF MADHYA PRADESH)

                                       Dated : 23-06-2022
                                             Shri Tarun Kushwaha, learned counsel for the appellant.

                                             Ms. Bharti Lakkad, learned Govt. Advocate for the respondent/State.

Heard on I.A.No.8298/2022, which is an application under Section

389(1) of Cr.P.C. for suspension of sentence filed on behalf of the appellant.

The trial Court has convicted the appellant under sections 354 and 323 of the IPC and sections 7/8 of POCSO Act and sentenced to undergo 2 years RI with fine of Rs.500/-, 1 years of RI with fine of Rs.500/- and 3 year RI with fine of Rs.500/- with default stipulation, vide judgment of Special Judge, POCSO Act District Ratlam in case No.49/2019.

Learned counsel for the appellant submits that short sentence has been awarded to the appellant by the learned trial Court. He further submits that learned trial court erred in holding the applicant guilty in the alleged offence. There are various 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 looking to the short sentence awarded by the learned trial Court to the appellant, Signature Not Verified SAN

without expressing any opinion on merits of the case, I.A.No.8298/2022 is Digitally signed by AJIT KAMALASANAN Date: 2022.06.23 18:30:54 IST

allowed and it is directed that upon appellant- Rakesh depositing the fine

amount (if not already deposited) and on furnishing a personal bond to the tune o f 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 Rakesh shall remain suspended till the final disposal of the appeal and he be released on bail for his appearance before the Registry of this court on 12.09.2022 and all other subsequent dates, as may be fixed in this behalf by the Office.

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

(SATYENDRA KUMAR SINGH) JUDGE

ajit

Signature Not Verified SAN

Digitally signed by AJIT KAMALASANAN Date: 2022.06.23 18:30:54 IST