Madhya Pradesh High Court
Shubham vs The State Of Madhya Pradesh on 10 January, 2023
Author: Anil Verma
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
CRA No. 7038 of 2022
(SHUBHAM Vs THE STATE OF MADHYA PRADESH)
Dated : 10-01-2023
Shri Surendra Kumar Gupta - Advocate for appellant.
Shri Hemant Sharma - Govt. Advocate for the respondent/State.
Heard on the question of admission.
The appeal is admitted for final hearing.
Als o heard on I.A. No.11109/2022, which is first application under
Section 389 of Cr.P.C. for grant of bail and suspension of remaining jail
sentence on behalf of the sole appellant.
Appellant has been convicted vide judgment dated 07/05/2022 passed in
SC ATR Case No.49/2017 by XIII Additional Sessions Judge and Special
Judge, POCSO Act, Indore under Sections 294, 323 (2 counts) of IPC, Section
7 r/w 8 of Protection of Children from Sexual Offences Act, 2012 and Section
3(W)(i) of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities)
Act, 1989 and has been sentenced to 03 months RI, 01 year RI, 03 years RI
with fine of Rs.3,000/-, 03 years RI with fine of Rs.1,000/- respectively and U/s
3(2)(V-a) of SC/ST Act to under go 01 year RI u/s 323 IPC and 3 years RI u/s
354 IPC with with fine of Rs.1,000/- with usual default stipulation.
Learned counsel for the appellant submit that appellant is an innocent
person and he has been falsely implicated in this matter. Appellant is in custody
since the date of judgment. 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. Jail sentence of co-accused Rahul
Signature Not Verified
Signed by: TEJPRAKASH
VYAS
Signing time: 1/11/2023
4:53:49 PM
has been suspended vide order dated 23/05/2022. 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. Hence, the
execution 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 he has not misused the liberty given to
him; there are contradictions and omissions in the statement of the witnesses
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.11109/2022 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.70,000/- (Rupees Seventy
Thousand Only) with separate 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 03/05/2023 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.
Registry is directed to list the appeal for final hearing in due course.
Signature Not Verified
Signed by: TEJPRAKASH
VYAS
Signing time: 1/11/2023
4:53:49 PM
Certified copy as per rules.
(ANIL VERMA)
JUDGE
Tej
Signature Not Verified
Signed by: TEJPRAKASH
VYAS
Signing time: 1/11/2023
4:53:49 PM
