Shiva Prasad vs The State Of Madhya Pradesh
2022 Latest Caselaw 14548 MP

IN THE HIGH COURT OF MADHYA PRADESH AT INDORE CRA No. 9771 of 2022 (SHIVA PRASAD Vs THE STATE OF MADHYA PRADESH)

Dated : 10-11-2022 Shri Tarun Pagare, learned counsel for the appellant.

Shri Sudhanshu Vyas Pl appearing on behalf of Advocate General/State.

Heard on the question of admission.

The appeal is admitted for final hearing. Let the record be requisitioned from the Court below.

Als o heard on I.A. No.14036/2022, which is an application under Section 389(1) of Cr.P.C for suspension of sentence moved on behalf of appellant.

The appellant has been convicted for offence under Section 366, 354 of IPC and Under Section 7/8 of POCSO Act and sentenced to undergo 2, 3, 2 and 3 years R.I. with fine of Rs.1000, 1000/, 1000/ and 1000/- each and usual default stipulations.

Learned counsel for the appellant submits that immediately after the pronouncement of the judgment the appellant was granted benefit of suspension

o n the same day. Appellant has been convicted for a short sentence. At this stage, suspension of jail sentence has been sought on the ground that the jail sentence is already suspended till 10.11.2022, the final hearing of this appeal is not possible in near future. Hence, remaining jail sentence of the appellants be suspended.

Counsel for the State has opposed the prayer. Signature Not VerifiedDigitally signed by SAN AMIT KUMAR Date: 2022.11.12 18:35:04 IST In due consideration of the submissions made on behalf of the appellant, o n perusal of the record and looking to the fact that the jail sentence of the

appellant is already suspended till 10.11.2022, it would be appropriate to suspend the jail sentence of the appellant.

Accordingly, I.A. No.14036/2022 filed on behalf of appellant is allowed and it is directed that subject to deposit fine amount and on furnishing personal bond by appellant in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one 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 05.12.2022 and on all such subsequent dates, which are fixed in this regard by the concerned trial Court.

Certified copy, as per rules.

List in due course for final hearing.

(RAJENDRA KUMAR (VERMA)) JUDGE

amit

Signature Not Verified VerifiedDigitally Digitally signed by SAN AMIT KUMAR Date: 2022.11.12 18:35:04 IST