Sandeep vs The State Of Madhya Pradesh
2023 Latest Caselaw 12955 MP

                                                                1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT INDORE
                                                          CRA No. 10146 of 2023
                                           (SANDEEP Vs THE STATE OF MADHYA PRADESH AND OTHERS)



                           Dated : 09-08-2023
                                 Shri Ajay Jain, learned counsel for the appellant.

                                 Shri Rahul Solanki, learned G.A. for the respondent/State.

Heard on the question of admission.

The appeal is admitted for final hearing. Also, heard on I.A. No.12069/2023, which is first application for

suspension of sentence and grant of bail filed under section 389(1) of the Cr.P.C. on behalf of appellant-Sandeep.

2. The trial Court has convicted the appellant vide judgment of conviction and order of sentence dated 13.07.2023 in SCATR No.105/2021 passed by the Special Judge, POCSO Act, Mandaleshwar as under:-

                                           Conviction                             Sentence
                                 Session & Act        Imprisonment    Fine      Imprisonment in lieu of fine
                                 451 of the IPC         6 month RI  Rs.500/-            15 days RI
                                 354 of the IPC         3 years RI  Rs.500/-           3 months RI
                              7/8 of POCSO ACT          3 years RI Rs.3,000/-          3 months RI
                            3(1)(w)(i) of SC/ST Act      1 year RI Rs.1,000/-           1 month RI
                             3(2)(va) of SC/ST Act      3 years RI Rs.3,000/-          3 months RI

3. Learned counsel for the appellant submits that short sentence of 3 years has been involved in this case. The appellant was on bail during the trial and he never misused the liberty so granted to him. Trial Court has itself suspended the jail sentence of the appellant till 13.08.2023 and hence prayer is made for suspension of jail sentence and grant of bail to the appellant.

4 . Learned Govt. Advocate opposes the prayer made by the appellant and prays for its rejection.

Signature Not Verified Signed by: AJIT KAMALASANAN Signing time: 09-08-2023 18:52:55

5 . I have heard learned counsel for both the parties and perused the record.

6. Looking to the facts and circumstances of the case coupled with the fact that the final hearing of this appeal is not possible in near future, without expressing any opinion on merits of the case, the application I.A. No.12069/2023 is allowed and the jail sentence of the appellant shall remain suspended.

7. It is directed that subject to depositing the fine amount, if already not deposited, appellant-Sandeep shall be released on bail, on furnishing personal bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand Only)

along with solvent surety in the like amount to the satisfaction of trial Court, for his appearance before the Registry of this Court firstly on 25.09.2023, and on such other dates, as may be fixed by the Registry in this regard, till final disposal of this appeal.

8. List for final hearing in due course. C.C. as per rules.

(PRAKASH CHANDRA GUPTA) JUDGE

ajit

Signature Not Verified Signed by: AJIT KAMALASANAN Signing time: 09-08-2023 18:52:55