Mukesh vs The State Of Madhya Pradesh
2023 Latest Caselaw 1116 MP

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                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT INDORE
                                                        CRA No. 446 of 2023
                                            (MUKESH Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                           Dated : 18-01-2023
                                 Shri Vikaram Singh Bule - Patidar - Advocate for appellant.

                                 Shri Vishal Panwar - Panel Lawyer for the respondent/State.

Heard on I.A. No.316/2023, 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 appellant Mukesh.

Appellant has filed this criminal appeal against the judgment of conviction dated 15/12/2022 passed in S.T.No.64/2022 by III Additional Sessions Judge and Special Judge, POCSO Act, Mandsaur (M.P.), whereby the trial Court has convicted the appellant under Section 454, 354 of IPC and Section 7/8 of POCSO Act and sentenced to under go 02 years RI, 03 years RI and 03 years RI with fine of Rs.2,000/-, Rs.3,000/- and Rs.5,000/- respectively with default stipulation.

Learned counsel for the appellant submit that appellant is an innocent person and he has been falsely implicated in this matter. Jail sentence of the

appellant has been suspended by the trial Court itself till 13/02/2023. The trial Court has erred in convicting the appellant without appreciating the evidence available on record in its true perspective. During the trial appellant was on bail and he has not misused the liberty granted to him. There are so many material contradictions and omissions in the statement of 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. Appellant is the permanent resident of District Mandsaur. Hence, the execution Signature Not Verified Signed by: BHUVNESHWAR DATT JOSHI Signing time: 19-01-2023 11:59:12

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.

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 and there is no complaint that he has misused the liberty given to him; jail sentence of the appellant is already suspended by the trial Court till 13/02/2023; appellant has no past criminal record 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.316/2023 is allowed and it is directed subject to deposit of fine 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 sureties in the like amount to the satisfaction of learned trial, 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 08/05/2023 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.

Signature Not Verified Signed by: BHUVNESHWAR DATT JOSHI Signing time: 19-01-2023 11:59:12

(ANIL VERMA) JUDGE BDJ

Signature Not Verified Signed by: BHUVNESHWAR DATT JOSHI Signing time: 19-01-2023 11:59:12