Anil vs The State Of Madhya Pradesh
2023 Latest Caselaw 7610 MP

                                                  1
                           IN THE HIGH COURT OF MADHYA PRADESH
                                         AT INDORE
                                            CRA No. 5225 of 2023
                                      (ANIL Vs THE STATE OF MADHYA PRADESH)

              Dated : 09-05-2023
                      Shri Ravi Sagre - Advocate for the appellant.

                      Smt. Varsha Singh Thakur - GA for respondent/State.

Record of the court below has been received.

Heard on admission.

Appeal is admitted for final hearing.

Heard on IA No.5408 of 2023, which is an application for dispensing

with filing of certified copy of the impugned order.

Appellant has filed the certified copy of the impugned judgment signed and issued by the Presiding Officer of the concerned court which is sufficient, therefore, IA No.5408 of 2023 is allowed and filing of another certified copy of the impugned judgment is dispensed with.

Also heard on IA No.6407 of 2023, which is an application under Section 389 of Cr.P.C. on behalf of the appellant-Anil Goyal for grant of bail and suspension of remaining jail sentence.

Appellant has been convicted for the offence under Section 354-A of

IPC and Section 9/10 of POCSO Act and sentenced to 3 years R.I. and 5 years R.I. with fine of Rs.3,000/-, with usual default stipulation.

Learned counsel for the appellant submits that appellant has suffered jail incarceration for about 3 years. During the trial he was remained in custody from 27.12.2018 to 13.8.2021 and thereafter he is in jail since 14.3.2023 i.e. Signature Notfrom the date of the judgment of trial Court. Appellant has suffered more than Verified Signed by: TRILOK SINGH SAVNER 50% of the awarded jail sentence. There is a strong case in favour of the Signing time: 10-May-23 11:15:10 AM

appellant. Final conclusion of appeal will take a long sufficient time. Hence he prays for grant of bail and suspension of remaining jail sentence of the appellant.

Per contra, learned GA for the respondent/State opposes the application for suspension of sentence and prays for its rejection.

After considering the facts and circumstances of the case, submissions made by learned counsel for both the parties, nature and gravity of the allegation against the appellant and also taking note of the fact that appellant has already suffered more than 50% of the awarded jail sentence and that final conclusion of this appeal will take a long sufficient time, I deem it proper to suspend the

remaining jail sentence of the appellant.

Accordingly, IA No.6407 of 2023 is allowed and the execution of remaining jail sentence of the appellant-Anil Goyal is hereby suspended till the final disposal of this appeal and it is ordered that the appellant be released on bail on his depositing the fine amount, if not already deposited, and upon furnishing a personal bond for a sum of Rs.75,000/- with one solvent surety of the like amount to the satisfaction of the trial Court, with a further direction to appear before the Registry of this Court on 29.11.2023 and on such other dates, as may be fixed by the Registry of this Court in this regard during the pendency of this appeal.

Registry is directed to list the matter for final hearing in due course. C.C. as per rules.

                                                                                (ANIL VERMA)
Signature Not Verified                                                             JUDGE
Signed by: TRILOK SINGH
SAVNER          trilok
Signing time: 10-May-23
11:15:10 AM