Kishan vs The State Of Madhya Pradesh
2023 Latest Caselaw 7670 MP

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                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT INDORE
                                                        CRA No. 6305 of 2023
                                                  (KISHAN Vs THE STATE OF MADHYA PRADESH)

                           Dated : 10-05-2023
                                  Shri. Shashank Shrivastava - Advocate for the appellant.

                                  Shri Hemant Sharma - Government Advocate for respondent/State.

Heard on I.A.No.6675/2023, which is first application under Section 389(1) of Cr.P.C. for grant of bail and suspension of remaining jail sentence on behalf of appellant Kishan Pondel.

Appellant stands convicted under Section 354-A of IPC and sentenced

to undergo 3 years RI with fine of Rs. 500/- and under section 7/8 of POCSO Act and sentenced to undergo 3 years RI with fine of Rs. 1000/- with usual default stipulation.

Learned counsel for the appellant submits 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 for a period of one month from the date of passing of judgment. There are material contradictions and omissions in the statement of the witnesses. 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, it is prayed that 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 Signature Not Verified Signed by: BHUNESHWAR DATT Signing time: 11-05-2023 11:33:21

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 deem it proper to suspend the remaining custodial sentence of the appellant.

Accordingly, I.A.No. 6675/2023 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 solvent surety in the like amount to the satisfaction of

learned trial 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 20/11/2023 and on all such subsequent dates, which are fixed in this behalf.

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

(ANIL VERMA) JUDGE

BDJ

Signature Not Verified Signed by: BHUNESHWAR DATT Signing time: 11-05-2023 11:33:21