Madhya Pradesh High Court
Balveer Choubey vs The State Of Madhya Pradesh on 13 October, 2023
Author: Anuradha Shukla
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 9103 of 2023
(BALVEER CHOUBEY Vs THE STATE OF MADHYA PRADESH AND OTHERS)
Dated : 13-10-2023
Shri Anoop Kumar Saxena - Advocate for the appellant.
Ms. Hemlata Kshatriya - Panel Lawyer for the State.
Record of the Court below has been received.
Heard on admission.
The appeal being arguable is admitted for final hearing.
Also heard on I.A No.17013/2023, 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.
T h e appellant has been convicted for the offences punishable under
Section 457 of IPC and sentenced to undergo R.I. for 3 years with a fine of
Rs.2000/-, Section 354 of IPC (no separate sentence or fine amount has been
passed) and Section 7 read with Section 8 of POCSO Act, 2012 and sentenced
to undergo R.I. for 3 years with a fine of Rs.3,000/- respectively, with default
stipulations.
Learned counsel for the appellant submits that the jail sentence of
appellant was suspended by the trial Court till 09.08.2023 (as mentioned in the
application). Thereafter, this Court vide order dated 03.08.2023 has extended
the period of bail of appellant from 09.08.2023 to 09.10.2023. The maximum jail
sentence of appellant is of three years and he was on bail during trial and he 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.
Signature Not Verified
Signed by: PRASHANT
SHRIVASTAVA
Signing time: 10/16/2023
3:17:35 PM
Hence, it is prayed that the application for suspension of sentence may be
considered.
Learned counsel for the State has opposed the bail application and prays
for its rejection.
Heard 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
sentences awarded to the appellant under the impugned judgment deserve to be
suspended. Therefore, without commenting on the merits of the case, this
application is allowed.
I t is directed that subject to depositing the fine amount, if not already
deposited, and on furnishing a personal bond in a sum of Rs.50,000/- (Rupees
Fifty Thousand only) with one solvent surety in the like amount to the
satisfaction of the trial Court concerned, the custodial sentence of the appellant
shall remain suspended and he shall be released on bail for securing his
presence before the trial Court concerned on 12.12.2023 and on such other
dates as may be fixed in this regard during pendency of this appeal.
Accordingly, the aforesaid I.A. stands allowed and disposed of.
List this case for final hearing in due course.
(ANURADHA SHUKLA)
JUDGE
ps
Signature Not Verified
Signed by: PRASHANT
SHRIVASTAVA
Signing time: 10/16/2023
3:17:35 PM
