Ashok vs The State Of Madhya Pradesh
2022 Latest Caselaw 3106 MP

                                                                                         CRA No.2088/2020
                                                     1

                  High Court of Madhya Pradesh, Jabalpur
                              Bench at Indore
               Criminal Appeal No.2088/2020
Indore, Dated 04.03.2022
        Shri Nitendra Vajpayee, learned counsel for appellant Ashok s/o Shri

Gangaram.

        Shri Bhaskar Agrawal, learned Government Advocate for the

respondent / State of Madhya Pradesh.

Heard on IA No.1897/2022, a 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.

The present appellant has been convicted and sentenced by learned

Special Judge [POCSO Act, 2012], Indore, District Indore (MP) in Special

Sessions Trial No.1916/2018 vide judgment dated 24th January, 2020, as

under: -

               Conviction                                Sentence
     Section         Act        RI        Fine            Imprisonment in lieu of fine
                                         amount
       354           IPC      3 years   Rs.1,000/-                  1 year RI
   9 (M) r/w 10   POCSO Act   5 years   Rs.1,000/-                  1 year RI

Counsel for the appellant has submitted that his earlier application

(IA No.5593/2021) was dismissed by this Court on 16.06.2021 with a

liberty to the appellant to renew his prayer after completion of two years' of

incarceration.

Counsel has submitted that it has already been more than two years

since the arrest of the appellant. Hence, the application for suspension of

jail sentence be allowed and he be released on bail, as the final disposal of CRA No.2088/2020

the appeal is likely to take sufficiently long time.

Counsel for the respondent / State of Madhya Pradesh, on the other

hand, opposed the prayer.

Considering the facts and circumstances of the case and the

arguments advanced by the counsel for the parties as also looking to the

period of incarceration of the appellant, this Court is of the considered

opinion that the application for suspension of custodial sentence deserves to

be allowed.

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

IA No.1897/2022 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 02.08.2022 and on all such

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

C. c. as per rules.

(Subodh Abhyankar) Judge rcp

RAMESH CHANDRA PITHWE 2022.03.04 17:29:19 +05'30'