Bholu Yogi vs The State Of Madhya Pradesh
2023 Latest Caselaw 3897 MP

                                                      1
                               IN THE HIGH COURT OF MADHYA PRADESH
                                             AT INDORE
                                               CRA No. 3389 of 2023
                                       (BHOLU YOGI Vs THE STATE OF MADHYA PRADESH)

                Dated : 13-03-2023
                          Shri Vikas Yadav, learned counsel for the appellant.

                          Shri Rahul Solanki, learned Govt. Advocate for the respondent/State.

Heard on I.A. No.3363/2023, which is an application for exemption of filing certified copy of the impugned judgment.

Learned counsel for the appellant submitted that the appellant has filed

the photocopy of the impugned judgment, he has already applied for the certified copy of the impugned judgment, hence he prays that the application be allowed.

On due consideration I.A. No.3363/2023 is allowed and art present the appellant is dispensed with to file the certified copy of the impugned order.

Appellant is directed to file certified copy of the impugned judgment on the next date of hearing.

Also heard on I.A. No.3361 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-Bholu.

Appellant has been convicted under Section 354, 456 of IPC and Section 7/8 of Protection of Children from Sexual Offences Act, and sentenced to undergo 1 year, 1 year and 3 years R.I. with fine of Rs.1,000/-, Rs.1,000/- and Rs.1,000/- respectively, with default stipulation.

Learned counsel for the appellant submits that appellant is innocent and Signature Not Verified has been falsely implicated in this matter. During the trial all the appellant was on Signed by: SUMATHI JAGADEESAN Signing time: 3/14/2023 11:07:55 AM bail and he has not misused the liberty granted to him. After conviction

appellant has already been suspended by the trial Court till 03.03.2023. 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.

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 appellants.

Accordingly, I.A. No.3361 of 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 surety in the like amount to the satisfaction of learned trial Court for his appearance before the Registry of this Court on 05.09.2023 and on all such subsequent dates, which are fixed in this behalf, the execution of remaining custodial part of the sentence of the appellants shall remain suspended, till final disposal of this appeal.

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

Signature Not Verified Signed by: SUMATHI JAGADEESAN Signing time: 3/14/2023 11:07:55 AM (ANIL VERMA)

JUDGE sumathi

Signature Not Verified Signed by: SUMATHI JAGADEESAN Signing time: 3/14/2023 11:07:55 AM