Madhya Pradesh High Court
Ladsingh vs The State Of Madhya Pradesh on 6 January, 2023
Author: Anil Verma
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
CRA No. 10200 of 2022
(LADSINGH Vs THE STATE OF MADHYA PRADESH AND OTHERS)
Dated : 06-01-2023
Shri Vikas Yadav - Advocate for the appellant.
Shri Kapil Mahant - Panel Lawyer for the respondent/State.
Heard on the question of admission.
The appeal is admitted for final hearing.
Als o heard on IA.No.14515 of 2022, which is first application under
Section 389(1) of Cr.P.C. for grant of bail and suspension of remaining jail
sentence.
The appellant stands convicted vide judgment dated 19/10/2022 passed
by Special Judge, POCSO Act, Dewas (M.P.) in S. T. No.149/2018 for the
offences punishable under Section 354 and 294 of IPC and Section 7 r/w 8 and
11(i) r/w12 of Protection of Children from Sexual Offences Act, 2012 [354A
(1)(i)] and has been sentenced to undergo 01 year RI, 03 months RI, 03 years
RI and 01 year RI with fine of Rs.500/-, Rs.100/-, Rs.1,000/- and Rs.500/-
respectively with 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 given to him. Looking
to old pendency of the cases for consideration, final conclusion of the case
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.
Per contra, learned counsel for the respondent / State opposes the
Signature Not Verified
Signed by: TEJPRAKASH
VYAS
Signing time: 1/6/2023
6:57:45 PM
application 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 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.
F i n e amount has already been deposited. Accordingly, I.A.
Nos.14515/2022 is allowed and it is directed that subject to furnishing personal
bond by the appellant in the sum of Rs.75,000/- (Rupees Seventy Five
Thousand Only) with a solvent surety in the like amount to the satisfaction of
learned trial Court for his appearance before the Registry of this 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 20/04/2023 and on all such subsequent dates,
which are fixed in this behalf.
Registry is directed to list the matter for final hearing in due course.
Certified copy as per rules.
(ANIL VERMA)
JUDGE
Tej
Signature Not Verified
Signed by: TEJPRAKASH
VYAS
Signing time: 1/6/2023
6:57:45 PM
