Sunil vs The State Of Madhya Pradesh
2023 Latest Caselaw 1347 MP

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                                         IN THE HIGH COURT OF MADHYA PRADESH
                                                       AT INDORE
                                                           CRA No. 7746 of 2022
                                                      (SUNIL Vs THE STATE OF MADHYA PRADESH)

                           Dated : 23-01-2023
                                   Shri Khiladilal Gangore - Advocate for the appellant.

                                   Shri Vishal Panwar - Panel Lawyer for respondent/State.

Record of the trial court has been received. Heard on admission.

Appeal is admitted for final hearing.

Als o heard on I.A. No. 14969/2022, which is an application under Section 389(1) of the Cr.P.C. for suspension of custodial sentence on behalf of appellant Sunil.

T h e appellant stands convicted for the offences punishable under Sections 354 of IPC and section 9/10 of POCSO and has been sentenced to undergo 5 years RI with fine of Rs. 3,000/- with default stipulation. Counsel for the appellant submits that appellant was on bail during the trial and he has not misused the liberty granted to him. he is in custody since the date of passing of judgment i.e. 12.7.2022. Looking to old pendency of the

cases for consideration, final conclusion of the case would take sufficient time. There is a strong case in favour of the appellant. In view of the statement of the witnesses, offence is not established against the appellant. He also submits that no independent witness has been examined. Hence, the execution of the remaining part of the jail sentence be suspended and appellant be enlarged on bail.

Per contra learned counsel for the State opposes the application and prays for its rejection.

Signature Not Verified Signed by: BHUVNESHWAR DATT JOSHI Signing time: 24-01-2023 12:50:42

Considering all the facts and circumstances of the case, nature of the allegation against the appellant and also taking note of the fact that prosecution has examined only 3 witnesses including the prosecutrix, her mother and Investigating officer, no independent witness has been examined, appellant was on bail during the trial, there is no complaint that he has misused the liberty granted to him, final conclusion of the appeal will take long sufficient time, I find it is to be a fit case to suspend the custodial sentence of the appellant.

Accordingly, I.A. No. 14969 of 2022 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 one surety in the like amount to the satisfaction of learned trial Court for his appearance before the Registry of this Court on 19/6/2023 and on all such subsequent dates, which are fixed in this behalf, the execution of remaining custodial part of the sentence of the appellant shall remain suspended and he be released on bail, till final disposal of this appeal.

Registry is directed to list the matter for final hearing in due course.

(ANIL VERMA) JUDGE

BDJ

Signature Not Verified Signed by: BHUVNESHWAR DATT JOSHI Signing time: 24-01-2023 12:50:42