Vinod vs The State Of Madhya Pradesh
2023 Latest Caselaw 8399 MP

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT GWALIOR
                                                       CRA No. 5559 of 2020
                                                  (VINOD Vs THE STATE OF MADHYA PRADESH)

                           Dated : 12-06-2023
                                 Shri Arshad Ali M. Haque - Advocate for the appellant.

                                 Shri Prabhat Pateria - Panel Lawyer for the respondent/ State.

Heard on I.A.No.6255/2023, first application u/Sec. 389(1) of Cr.P.C. for suspension of sentence and grant of bail filed on behalf of the appellant - Vinod.

This criminal appeal has been filed against the judgment dated 28.03.2018

passed in S.T. No.21/2018 by I st Additional Sessions Judge Sheopur, District Sheopur whereby the appellant has been convicted under Section 363 of IPC and sentenced to undergo seven years R.I. with fine of Rs. 2000/- and Section 366 of IPC and sentenced to undergo ten years R.I. with fine of Rs. 2000/- and Section 354 k(1) of IPC and sentenced to undergo three years R.I. with fine of Rs.1000/- and Section 9(D)/10 of POCSO Act and sentenced to undergo seven years R.I. with fine of Rs.2000/-, with default stipulations.

It is submitted by counsel for the appellant that the appellant was on bail

during trial and he did not misuse the liberty granted to him. Fine amount has already been deposited by him. Appeal is of the year 2018 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 parties and the fact that an early hearing of this case is not possible, I.A. Signature Not Verified Signed by: AVINASH BHARGAV Signing time: 13-06-2023 10:35:09 AM

No.6255/2023 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.50,000/- (Rupees Fifty 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 6th November, 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.6255/2023) 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

Avi

Signature Not Verified Signed by: AVINASH BHARGAV Signing time: 13-06-2023 10:35:09 AM