Washim vs The State Of Madhya Pradesh
2023 Latest Caselaw 6210 MP

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                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT INDORE
                                                      CRA No. 5186 of 2023
                                                 (WASIM Vs THE STATE OF MADHYA PRADESH)

                          Dated : 18-04-2023
                                Shri Yogesh Kumar Gupta - Advocate for appellant.

                                Shri Hemant Sharma - Govt. Advocate for the respondent/State.

Heard on I.A.No.5236/2023, which is first application under Section 389(1) of Cr.P.C. for grant of bail and suspension of remaining jail sentence on behalf of the sole appellant Wasim S/o Abdul Gaffar.

Appellant stands convicted vide judgment dated 27/03/2023 passed in

S.C.No.2014/2018 by 13th Additional Sessions Judge and Special Judge (under the POCSO Act), Indore (M.P.) under Section 7/8 of Protection of Children from Sexual Offences Act, 2012 and has been sentenced to undergo 03 years RI with fine of Rs.1,000/- 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. During the trial appellant was on bail and he has not misused the liberty granted to him. His jail sentence has also been suspended by the Trial Court till 25/04/2023. 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.

P e r contra, learned counsel for the respondent / State opposes the application for suspension of sentence and prays for its rejection. Signature Not Verified Signed by: TEJPRAKASH VYAS Signing time: 4/19/2023 2:22:16 PM

Considering all the facts and circumstances of the case, nature of the allegation levelled against the appellant and also taking note of the fact that appellant was on bail during the trial; there is no complaint that he has misused the liberty granted to him 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 is to be a fit case to suspend the remaining custodial sentence of the appellant.

Accordingly, I.A.No.5236/2023 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 30/10/2023 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 Tej

Signature Not Verified Signed by: TEJPRAKASH VYAS Signing time: 4/19/2023 2:22:16 PM