Pradeep vs The State Of Madhya Pradesh
2023 Latest Caselaw 7266 MP

IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR CRA No. 5866 of 2023 (PRADEEP Vs THE STATE OF MADHYA PRADESH)

Dated : 03-05-2023 Shri Keshav Pathak, learned counsel for appellant.

Ms. Padamshri Agarwal, learned Panel Lawyer for State. Heard on I.A.No.7603/2023, second application u/Sec. 389(1) of Cr.P.C. for suspension of sentence and grant of bail filed on behalf of appellant.

This criminal appeal has been filed against the judgment dated 20.03.2023

passed in S.T. No.142/2022 by Sixth Additional Sessions Judge/Special Judge (POCSO Act) Bhind whereby the appellant has been convicted under Section 366-A of IPC and sentenced to undergo four years R.I. with fine of Rs.2500/- 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 granted to him. Fine amount has already been deposited by him. It is also submitted that the appellant has suffered four months and fifteen days of incarceration as against four years of sentence awarded. Appeal is of the year 2023 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. No.7603/2023 is allowed.

Signature Not Verified Signed by: YOGENDRA OJHA Signing time: 5/3/2023 5:31:55 PM

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 7th August, 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.7603/2023) 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

ojha

Signature Not Verified Signed by: YOGENDRA OJHA Signing time: 5/3/2023 5:31:55 PM