Vijay vs The State Of Madhya Pradesh
2023 Latest Caselaw 5559 MP

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            IN THE HIGH COURT OF MADHYA PRADESH
                          AT INDORE
                            CRA No. 4784 of 2023
                  (VIJAY Vs THE STATE OF MADHYA PRADESH AND OTHERS)

Dated : 05-04-2023
      Shri Avinash Yadav, learned counsel for the appellant.

      Shri Hemant Sharma, learned Government Advocate appearing on
behalf of Advocate General.

      Heard on I.A.No. 4761/2023, which is first application under
Section 389 of Cr.P.C. for grant of bail and suspension of remaining jail

sentence on behalf of the appellant Vijay.
      Appellant stands convicted vide judgment dated 16.03.2023 passed
in S.C.No. 03/2020 by the First Additional Sessions Judge, Ichhapur, District
Khargone under Section 456 of Indian Penal Code and has been sentenced to
undergo 1 years R.I. and Section 8 of the POCSO Act and sentenced to
undergo 03 years RI with fine of Rs. 3,000/- with usual default stipulation.
      Learned counsel for the appellant submits that appellant is an
innocent person and he has been falsely implicated in this matter. His jail
sentence has also been suspended by the Trial Court till 13.05.2023. There are

material contradictions and omissions in the statement of the witnesses.
Looking to old pendency of the cases for consideration, final conclusion of this
appeal would take sufficient long time. There is a strong case in favour of the
appellant. Hence, the execution of the remaining part of the jail sentence of the
appellant be suspended till the final disposal of this appeal.
      Per contra, learned counsel for the respondent / State opposes the

application for suspension of sentence and prays for its rejection.

Considering all the facts and circumstances of the case, nature of

the allegation levelled against the appellant and final conclusion of the appeal will also take sufficient long time. In view of the aforesaid facts and circumstances of the case, I find it to be a fit case to suspend the remaining custodial sentence of the appellant.

Accordingly, I.A.No.4761/2023 is allowed and it is directed subject to deposit of fine any amount, if not already deposited, and subject to furnishing personal bond by the appellant in the sum of Rs.75,000/- (Rupees Seventy Five Thousand Only) with separate solvent surety in the like amount to the satisfaction of learned trial Court, the execution of remaining custodial part of the sentence of the appellant shall remain suspended,

till final disposal of this appeal. The appellant after being enlarged on bail shall mark his presence before the Registry of this Court on 09.10.2023 and on all such subsequent dates,which are fixed in this behalf.

Let record of the trial Court be requisitioned. Certified copy as per rules.

(ANIL VERMA) JUDGE vidya

SREEVIDYA 2023.04.06 11:32:11 +05'30'