Chote Singh @ Sandeep Singh vs The State Of Madhya Pradesh
2023 Latest Caselaw 10308 MP

IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR CRA No. 1193 of 2017 (CHOTE SINGH @ SANDEEP SINGH Vs THE STATE OF MADHYA PRADESH)

Dated : 06-07-2023 Shri Ramesh Sharan Sharma and Shri Madan Mohan Tripathi learned

counsel for appellant.

Shri Pramod Pachori, learned Public Prosecutor for State. Heard on I.A.No.16451/2020, first application u/Sec. 389(1) of Cr.P.C. for suspension of sentence and grant of bail filed on behalf of appellant-Chhote Singh alias Sandeep Singh.

This criminal appeal has been filed against the judgment dated 27.07.2017 passed in S.T. No.95/2017 by Sessions Judge, Bhind whereby the appellant has been convicted under Section 5m/6 of POCSO Act and sentenced to undergo ten years R.I. with fine of Rs.5000/- with default stipulation.

It is submitted by counsel for the appellant that the appellant is in custody since the date of his arrest. The appellant has suffered about more than six years and four months of custody period as against ten years of sentence awarded. The appellant is permanent resident of District Bhind (M.P.) and there is no possibility of his absconsion. The appellant is ready to furnish adequate

surety and shall abide by all the directions and conditions which may be imposed by this Court. Appeal is of the year 2017 which may take long time for it's conclusion. Under these circumstances, the execution of sentence be suspended and the appellant be released on bail.

On the contrary, learned counsel for the State opposed the application and prayed for its rejection.

Keeping in view of the aforesaid submissions of learned counsel for the Signature Not Verified Signed by: YOGENDRA OJHA Signing time: 7/6/2023 5:45:53 PM

parties and the fact that an early hearing of this case is not possible, I.A. No.16451/2020 is allowed.

It is therefore, directed that if appellant deposits the entire fine amount, if not already deposited, and furnishes a personal bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) with one solvent surety of the like amount to the satisfaction of concerned Trial Court for his appearance before the Principal Registrar of this Court on 4th December, 2023 and on such further dates as may be fixed by the office in this regard, sentence of imprisonment awarded to him shall remain suspended till further orders and he shall be released on bail.

Application (I.A. No.16451/2020) is allowed and disposed of. A copy of this order be sent to the trial Court concerned for necessary compliance.

C.c. as per rules.

(DEEPAK KUMAR AGARWAL) JUDGE

ojha

Signature Not Verified Signed by: YOGENDRA OJHA Signing time: 7/6/2023 5:45:53 PM