Santosh Chaudhary vs The State Of Madhya Pradesh
2023 Latest Caselaw 2932 MP

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                                          IN THE HIGH COURT OF MADHYA PRADESH
                                                       AT JABALPUR
                                                     CRA No. 10357 of 2022
                                     (SANTOSH CHAUDHARY Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                          Dated : 17-02-2023
                                 Shri Abhay Gupta - Advocate for the appellant (Legal Aid).

                                 Shri Pramod Choubey - Dy. G.A. for the respondent/State.

Heard on the question of admission.

Admit.

Heard on I.A. No.523/2023 first application under Section 389(1) of

Cr.P.C for suspension of sentence and grant of bail filed on behalf of appellant.

The appellant has been convicted for offence under Sections 323, 354 of IPC, 9(n) r/w Section 10 & 9(m) r/w Section 10 of POCSO Act and sentenced to undergo R.I. for 06 months, 03 years, 05 years and 05 years with fine of Rs.1,000/-, Rs.1,000/-, Rs.1.000/- and Rs.1,000/- respectively with default stipulations.

Learned counsel for the appellant has submitted that the appellant is innocent and has been falsely implicated in the alleged offence. The learned trial Court has failed to consider the material contradictions and omissions in the

statements of the prosecution witnesses. Learned counsel for the appellant has also drawn attention of this Court in Para-19 and 20 of the impugned judgment in which prosecutrix (PW-1) admitted that appellant used to harass her as well as her siblings and also beat them. She also stated that the appellant remained unconscious for 24 hours under the influence of alcohol, because of which, she and her mother had reported the accused to remain in jail. It is also submitted that prosecutrix and her mother have also admitted the aforesaid fact. He further submits that appellant has already served the jail sentence of more than 03 Signature Not Verified Signed by: KAFEEL AHMED ANSARI Signing time: 2/21/2023 6:30:30 PM

years. The final hearing of this appeal is likely to take sufficient long time. Under these circumstances, learned counsel prays that the application for suspension of sentence of the appellant be allowed.

Learned counsel for the respondent/State on the other hand, has opposed the application for suspension of sentence and prays for its rejection.

Considering the facts and circumstances of the case, the arguments advanced by learned counsel for the parties, this Court is of the considered opinion that the application for suspension of jail sentence filed on behalf of the appellant deserves to be allowed.

Accordingly, I.A. No.523/2023 filed on behalf of appellant is allowed and

it is directed that on his furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court, the execution of jail sentence of the appellant shall remain suspended, till the final disposal of this appeal for his appearance before the trial Court on 13.06.2023 and thereafter on all such subsequent dates, as may be fixed by the Registry in this regard.

List the matter for final hearing in due course. Certified copy as per rules.

(RAJENDRA KUMAR (VERMA)) JUDGE

kafeel

Signature Not Verified Signed by: KAFEEL AHMED ANSARI Signing time: 2/21/2023 6:30:30 PM