Ramzan vs The State Of Madhya Pradesh
2023 Latest Caselaw 605 MP

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                            IN THE HIGH COURT OF MADHYA PRADESH
                                          AT INDORE
                                           CRA No. 12367 of 2022
                                     (RAMZAN Vs THE STATE OF MADHYA PRADESH)

             Dated : 10-01-2023
                      Shri Himanshu Thakur, learned counsel for the appellant.

                      Shri Kapil Mahant, panel lawyer for respondent/State.

Record of the Trial Court has been received. Heard on the question of admission.

The appeal is admitted for final hearing.

Heard on I.A.No.16746/2022 and I.A.No.16747/2022 which are applications for urgent hearing.

Matter is already taken for hearing therefore, both the applications (I.A.No.16746/2022 and I.A.No.16747/2022) are disposed of being rendered infructuous.

Also heard on I.A. No.16570 of 2022, which is an application under Section 389(1) of Cr.P.C. for grant of bail and suspension of remaining jail sentence.

Appellant has been convicted under Sections 354 of IPC and Section

7/8 of POCSO Act and has been sentenced to undergo 01 year R.I. with fine of Rs.2,000/- and 03 years R.I. with fine of Rs.2,000/- respectively 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. During the trial appellant was on bail and he has not misused the liberty granted to him. His jail Signature Not Verified

sentence has also been suspended by the Trial Court for 30 days from the date Signed by: SHRUTI JHA Signing time: 1/11/2023 4:26:08 PM of judgment. Looking to old pendency of the cases for consideration, final

conclusion of this appeal would take sufficient long time. There is a strong case i n favour of the appellant. This current appeal is allowed. Under such circumstances, appellant has deposited the fine amount. 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 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 his jail sentence has already been

suspended by the trial Court; 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.

Accordingly, I.A. No.16570 of 2022 is allowed and it is directed subject to deposit of fine any 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 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 28.04.2023 and on all such subsequent dates,

Signature Notwhich Verifiedare fixed in this behalf.

Signed by: SHRUTI JHA Signing time: 1/11/2023 4:26:08 PM Registry is directed to list the matter for final hearing in due course.

Certified copy as per rules.

(ANIL VERMA) JUDGE

Shruti

Signature Not Verified Signed by: SHRUTI JHA Signing time: 1/11/2023 4:26:08 PM