Vijay Sen vs The State Of Madhya Pradesh
2023 Latest Caselaw 3654 MP

                                                               1
                                          IN THE HIGH COURT OF MADHYA PRADESH
                                                        AT INDORE
                                                        CRA No. 3032 of 2023
                                           (VIJAY SEN Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                           Dated : 01-03-2023
                                  Mr. Devendra Singh - Advocate for the appellant.

                                  Ms. Varsha Thakur - Government Advocate for respondent/State.

Heard on I.A. Nos. 3057 of 2023, which is an application for dispensing with from filing certified copy of the impugned judgment. Appellant is already in custody since the date of judgment. He has filed the certified copy issued and

signed by the trial Court, therefore, this application is allowed and there is no need to file certified copy of the impugned judgment.

Also heard on I.A. No.2964 of 2023, which is an application under Section 389(1) of Cr.P.C. for suspension of remaining jail sentence and grant of bail on behalf of appellant Vijay Sen.

Appellant has been convicted under Section 11/12 of POCSO Act has been sentenced to undergo 1 year R.I. with fine of Rs.500/- with 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 sentence has also been suspended by the Trial Court till 01.04.2023. 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.

Signature Not Verified Signed by: ANUSHREE PANDEY Signing time: 02-03-2023 10:23:16

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; 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.2964 of 2023 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.75,000/- (Rupees Seventy Five Thousand Only) with one surety in the like amount to the satisfaction of learned trial Court for his appearance before the Registry of this Court on 18/07/2023 and on all such subsequent dates, which are fixed in this behalf, the execution of remaining custodial part of the sentence of the appellant shall remain suspended, till final disposal of this appeal.

Let record of the Court below be requisitioned. Certified copy as per rules.

(ANIL VERMA) JUDGE

Anushree

Signature Not Verified Signed by: ANUSHREE PANDEY Signing time: 02-03-2023 10:23:16