Rajendra vs The State Of Madhya Pradesh
2023 Latest Caselaw 3733 MP

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT INDORE
                                                        CRA No. 2926 of 2023
                                                (RAJENDRA Vs THE STATE OF MADHYA PRADESH)

                           Dated : 02-03-2023
                                 Shri Akhilesh Kumar Saxena, learned counsel for the Appellant.

                                 Shri Kapil Mahant, learned Pl for respondent/State.

Heard on I.A. No.3107 of 2023, which is an application for dispensing with from filing certified copy of the impugned judgment. He has filed the certified copy of the impugned judgment and cure the defects. Hence I.A. No.

3107/2023, is disposed off and being rendered infructuous.

Als o heard on I.A. No.2846 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 Sunil.

Appellant has been convicted under Section 506(2) of IPC, Section 7/8 of POCSO Act and Section 11/12 of POCSO Act and has been sentenced to undergo 3 years R.I. with fine of Rs.1,000/-, 3 year R.I. with fine of Rs.1,000/-, 3 years R.I. with fine of Rs.1,000/-, respectively 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 he was on bail and has has not misused the liberty given to him. His jail sentence has already been suspended by the Trial Court till 13.03.2023. 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.

P e r contra, learned counsel for the respondent / State opposes the Signature Not Verified Signed by: VATAN SHRIVASTAVA Signing time: 02-03-2023 18:21:20

application for suspension of sentence and prays for its rejection.

Considering all the facts and circumstances of the case, nature of the allegation leveled against the appellant. There is contradiction and omission in the statement of the witnesses and also taking note of the fact that he was on bail during the trial and there is no complaint that he has misused the liberty given 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.2846/2023 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 17/08/2023 and on all such subsequent dates, which are fixed in this behalf.

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

(ANIL VERMA) JUDGE

Vatan

Signature Not Verified Signed by: VATAN SHRIVASTAVA Signing time: 02-03-2023 18:21:20