Roshan Prajapati vs The State Of Madhya Pradesh
2023 Latest Caselaw 20030 MP

Madhya Pradesh High Court

Roshan Prajapati vs The State Of Madhya Pradesh on 29 November, 2023

Author: Anuradha Shukla

Bench: Anuradha Shukla

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 11676 of 2023 (ROSHAN PRAJAPATI Vs THE STATE OF MADHYA PRADESH)

Dated : 29-11-2023 Shri S. K. Mishra - Advocate for the appellant.

Ms. Preeti Singh - Panel Lawyer for the State.

Heard on admission.

The appeal being arguable is admitted for final hearing. Also heard on I.A No.22161/2023, which is first application under

Section 389(1) of Cr.P.C for suspension of sentence and grant of bail moved on behalf of the appellant.

The appellant has been convicted for the offences punishable under Sections 366 and 506 of IPC and Section 7/8 of POCSO Act and sentenced to undergo R.I. for 1 year, R.I. for 6 months and R.I. for 3 years with fine of Rs.500/-, Rs.200/- and Rs.500/- respectively, with default stipulations.

Learned counsel for the appellant submits that the jail sentence of appellant was suspended by the trial court till 30.09.2023 (as mentioned in the application). Thereafter, this court vide order dated 179.09.2023 has extended

the period of bail of appellant from 30.09.2023 to 30.11.2023. The maximum jail sentence of appellant is of 3 years and he was on bail during trial and did not misuse the liberty granted to him and also the appeal would take considerable time to conclude. He is ready to furnish adequate surety and shall abide by the directions and conditions, which may be imposed by this Court. Hence, it is prayed that the application for suspension of sentence may be considered.

Learned counsel for the State has opposed the application and pray for its rejection.

Heard learned counsel for the parties and perused the judgment and record of the court below.

Having heard the arguments and on perusal of the record, this Court is of the considered opinion that till disposal of this appeal, execution of jail sentence awarded to the appellant under the impugned judgment deserves to be suspended. Therefore, without commenting on the merits of the case, this application is allowed.

It is directed that subject to deposit of fine amount, if already not deposited and on furnishing a personal bond by the appellant in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety in the like

amount to the satisfaction of learned trial Court for his regular appearance before the concerned trial Court, the execution of custodial part of the remaining sentence imposed against the appellant shall remain suspended, till final disposal of this appeal. The appellant, after being enlarged on bail, shall mark his presence before the concerned trial Court on 25.01.2024 and on all such subsequent dates, which are fixed in this regard by the concerned trial Court.

List this case for final hearing in due course.

(ANURADHA SHUKLA) JUDGE

ps

Date: 2023.11.30 16:02:27 +05'30'