Varsingh vs The State Of Madhya Pradesh
2022 Latest Caselaw 13745 MP

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                                          IN THE HIGH COURT OF MADHYA PRADESH
                                                        AT INDORE
                                                        CRA No. 9181 of 2022
                                            (VARSINGH AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                           Dated : 18-10-2022
                                  Shri Tarun Kushwah, learned counsel for the appellants.

                                  Shri Rajesh Joshi, learned Govt. Advocate for the respondent/State.

Heard on I.A.No. 13479/2022, an application for suspension of jail sentence of the appellants Var Singh and Kishan.

I.A. No. 13479/2022 so far as the same relates to appellant no.2 - Kishan shall be considered after receipt of record.

Appellant no.1 has been convicted by Special Judge(POCSO) Distt. Ratlam vide judgment dated 28.09.2022 passed in S.C. No.37/2018 for commission of offence punishable under Sec 7 r/W 8 of POCSO Act and sentenced to undergo RI for 03 years with fine of Rs.1000/- with default stipulation.

Learned counsel for the appellant submits that that short sentence of 03 years has been awarded to the appellant by the learned trial Court out of which appellant no.1 has already suffered 02 months of jail incarceration. His sentence has already been suspended by the trial Court till 28.10.2022. It is also

submitted 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 counsel for respondent/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: 10/18/2022 7:28:29 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.13479/2022 is allowed so far as the same relates to appellant no.1 - Var Singh.

It is directed that upon appellant no.1- Var Singh 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 no.1 - Var Singh shall remain suspended till the final disposal of the appeal and he shall be released on bail for his appearance before the Registry of this court on 15.11.2022 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: 10/18/2022 7:28:29 PM