Sapnesh @ Dabbu vs The State Of Madhya Pradesh
2023 Latest Caselaw 8891 MP

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT GWALIOR
                                                      CRA No. 7327 of 2023
                                            (SAPNESH @ DABBU Vs THE STATE OF MADHYA PRADESH)

                          Dated : 15-06-2023
                                Shri Deependra Singh Raghuwanshi, learned counsel for the appellant.

                                Shri Ramadhar Chaubey, learned counsel for the respondent- State.

Heard on admission.

Let record of the trial Court be called for. Appeal appears to be arguable, is admitted for final hearing. Also heard on IA.No.10126 of 2023, first application u/Sec. 389(1) of

Cr.P.C. for suspension of sentence and grant of bail filed on behalf of sole appellant.

Vid e judgment dated 02-05-2023 passed by Special Judge (POCSO Act), Shivpuri in Special Sessions Trial No.130 of 2022, the appellant has been convicted under Sections 354, 506 Part II of IPC and Section 8 of POCSO Act and sentenced to undergo one year RI with fine of Rs.1,000/ for offence under Section 354 of IPC, one year RI for offence under Section 506(2) of IPC and three years RI with fine of Rs.1,000/- for offence under Section 8 of POCSO Act with default stipulation.

It is submitted by counsel for the appellant that the appellant was on bail during trial and he did not misuse the liberty so granted to him. Fine amount has already been deposited. It is also submitted that learned trial Court has already suspended jail sentence of appellant for a period of one month i.e. from 02-05- 2023 till 01-06-2023. Appeal is of the year 2023 which may take long time for it's conclusion. Under these circumstances, the remaining execution of jail ssentence be suspended and the appellants be released on bail. Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 6/16/2023 10:51:18 AM

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 and that learned trial Court has already suspended jail sentence of the appellants for a period of one month i.e. till 01-06-2023, I.A. is allowed. I t is therefore, directed that if appellant deposits the entire fine amount, if not already deposited and furnishes a personal bond in the sum o f Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety of the like amount to the satisfaction of concerned Trial Court for appearance before the Principal Registrar of this

Court on 20th November, 2023 and on such further dates as may be fixed by the office in this regard, the remaining jail sentence of appellant shall remain suspended till final disposal of this appeal and he shall be released on bail.

I.A. is allowed and disposed of.

List for final hearing in usual course along with record of the trial Court. C.c. as per rules.

(DEEPAK KUMAR AGARWAL) JUDGE

MKB

Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 6/16/2023 10:51:18 AM