Deepak @ Deepu Jatav vs The State Of Madhya Pradesh
2022 Latest Caselaw 15094 MP

                      HIGH COURT OF MADHYA PRADESH
                            1                                    Cr.A.No.9052/2022
             (Deepak alias Deepu Jatav and Another Vs. State of M.P. )

Gwalior Bench:
Dated 17/11/2022
     Shri U.K.Bohre, learned counsel for appellants.

       Shri BPS Chauhan, learned Govt. Advocate for the respondent/State.

Heard on I.A. No. 16906/2022 an application under Section 389 (1) of

Cr.P.C. moved on behalf of appellants for suspension of their remaining jail

sentence.

By the impugned judgment of sentence and order of conviction,

appellants have been convicted for offence under Section 12 of POCSO Act

and sentenced to suffer 1 year RI each with fine of Rs. 2,000/- each and in

default of payment of fine to further undergo six months RI each.

It is the submission of learned counsel for the appellants that trial court

erred in convicting the appellants and awarding jail sentence. Fine amount has

already been deposited. Appellants were on bail during trial and they did not

misuse the liberty and trial Court erred in not appreciating the evidence

holistically. Hearing of appeal will take time and they have a strong case on

merits. On these grounds, prayer for suspension of sentence has been made

out.

Learned counsel for the respondent/State opposed the prayer and prayed

for rejection of application.

Keeping in view the submissions made by the learned counsel for the HIGH COURT OF MADHYA PRADESH

(Deepak alias Deepu Jatav and Another Vs. State of M.P. )

parties and looking to the facts and circumstances of the case and the short

sentence awarded to the appellants, subject to deposit of fine amount, it is

directed that jail sentence of appellants shall remain suspended subject to

appellants' furnishing a personal bond in the sum of Rs.50,000/- (Rupees

Fifty Thousand only) each with one solvent surety of like amount each to

the satisfaction of the trial Court to appear before Registry of this Court on

22/02/2023 and all other subsequent dates as may be fixed in this regard.

I.A.No. 16906/2022 stands allowed and disposed of.

A copy of this order be sent to the trial Court concerned for compliance.

Certified copy as per rules.

(Anand Pathak) Judge jps/-

JAI Digitally signed by JAI PRAKASH SOLANKI DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474001, st=Madhya

PRAKASH Pradesh, 2.5.4.20=287738d30aabaeda9b10cecdf179cec865c7633f 4cfb9e38ce14fcbb05b9522a, pseudonym=560BC50AD082B9BE54EE290EC8CB219378 0D8357,

SOLANKI serialNumber=8D6BC1C9FCE36623D0BD6B8072A2D8C0 1433EBD48AE4F609F108CA8F8DE6B522, cn=JAI PRAKASH SOLANKI Date: 2022.11.21 10:43:52 +05'30'