Madhya Pradesh High Court
Cyril Disouza vs The State Of Madhya Pradesh on 29 November, 2023
Author: Roopesh Chandra Varshney
Bench: Roopesh Chandra Varshney
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 3684 of 2023
(CYRIL DISOUZA Vs THE STATE OF MADHYA PRADESH)
Dated : 29-11-2023
Shri Prahlad Choudhary - Advocate for appellant.
Smt. Shanti Tiwari - Panel Lawyer for respondent/State.
None for complainant/objector, though represented.
Heard on I.A. No.27675/2023, this is repeat (second) application for
suspension of sentence and grant of bail filed under Section 389(1) of Cr.P.C.
on behalf of appellant -Cyril Disouza.
Earlier application for suspension of custodial sentence and grant of bail
has been dismissed as withdrawn by this Court, vide order dated 19/09/2023.
The appellant has been convicted vide judgment dated 01/03/2023 passed
by Special Judge (Protection of Children from Sexual Offences Act, 2012) /
18th Additional Sessions Judge, Jabalpur in Special S.T. No. 145/2022 and
appellant has been convicted for offence punishable under Section 342 of IPC
and under Section 9(M)/10 of Protection of Children from Sexual Offences
Act, 2012 and sentenced to undergo RI for 6 months and 5 years and to pay
fine amount of Rs.500/- and Rs.1,000/- for each offence respectively with usual
default stipulations.
Learned counsel for the appellant submits that the trial Court has not
properly appreciated the evidence in its proper perspective and committed
grave error in convicting the appellant for aforesaid offence. Learned counsel
for appellant submits that the appellant has already served more than 8 months
custodial sentence and parties have amicably settled their dispute and factum of
compromise has been duly verified by Registrar (J-II). There are fair chances of
success of this appeal and final hearing of same will take considerable time,
therefore, if remaining custodial sentence has not been suspended, then the
appeal filed by appellant may turn infructuous. Under these circumstances,
learned counsel for appellant prays for suspension of jail sentence and release
of the appellant on bail till the final disposal of the appeal.
O n the other hand, learned Panel Lawyer has opposed the contention
raised by learned counsel for appellant and prays for rejection of said
application.
Looking to the aforesaid facts and circumstances of the case coupled
with the fact that parties have amicably settled their dispute and factum of
compromise has been duly verified by Registrar (J-II). and according to listing
policy the hearing of this appeal will take time, the application is allowed and it
is directed that the execution of the remaining jail sentence passed against
appellant - Cyril Disouza shall remain suspended during the pendency of this
appeal subject to depositing entire fine amount, if already not deposited and
upon his furnishing personal bond in the sum of Rs.50,000/- (Rs. Fifty
Thousand only) with one solvent surety in like amount to the satisfaction of
the trial Court for securing his presence before the trial Court on 02/01/2024
and on such further dates as may be fixed by trial Court it in this regard during
the pendency of this appeal.
List the appeal for final hearing in due course.
(ROOPESH CHANDRA VARSHNEY)
JUDGE
skt
