Trilok @Triloki vs The State Of Madhya Pradesh
2023 Latest Caselaw 17243 MP

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                      CRA No. 11826 of 2022
                                            (TRILOK @TRILOKI Vs THE STATE OF MADHYA PRADESH)

                           Dated : 16-10-2023
                                 Shri Ram Bihari Gautam - Advocate for appellant.

                                 Shri Aditya Choubey - Government Advocate for the respondent/State.

Heard on IA No.24685 of 2022, which is the first application under Section 389 (1) of the Cr.P.C. for suspension of sentence and grant of bail moved on behalf of appellant Trilok @ Triloki.

Appellant stood convicted under Sections 368, 376(2)(n) r/w section 109, 376(2)(i) r/w section 109 of the IPC and section 5(l), 6 r/w section 17 of POCSO Act and sentenced to suffer R.I. for 3 years with fine of Rs.1,000/-, R.I. for 10 years with fine of Rs.3000/- and R.I. for 10 years with fine of Rs.3000/- respectively with default stipulations vide judgment of conviction and order of sentence dated 24.09.2022 passed by Exclusive Special Judge (POCSO Act), Katni (M.P.) in SC No.3300057/2015.

Learned counsel for the appellant while seeking suspension of sentence inter alia submitted that the trial Court without appreciating the evidence

wrongly convicted the appellant for the aforesaid offences. He further submitted that the appellant is in custody since 24.09.2022. Thus, he has suffered the jail sentence for nearly one year and five months. This appeal is of the year 2022 and there is no likelihood of appeal being taken up for final hearing. Under such circumstances, application of appellant for suspension of sentence and grant of bail may be considered.

P er contra, learned Government Advocate while opposing the prayer, supports the judgment impugned. He contends that judgment impugned is Signature Not Verified Signed by: BHARTI GADGE Signing time: 10/17/2023 10:40:55 AM

passed upon proper evaluation of evidence placed on record, so the sentence of the appellant should not be suspended.

After hearing learned counsel for the parties, looking to the facts and circumstances of the case, the evidence available on record, and the fact that the appellant is in custody since 24.09.2022, this appeal is of the year 2022 and there is no likelihood of early hearing of the appeal in near future, in the obtaining facts and circumstances, present appellant is held entitled for suspension of jail sentence and grant of bail.

Accordingly, IA No.24685 of 2022 stands allowed and it is directed that the jail sentence of Trilok @ Triloki shall remained suspended and he be

released on bail on his depositing fine amount, if not already deposited and upon furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the trial Court for his appearance before the trial Court first on 22/12/2023 and on other subsequent dates as may be fixed in this behalf.

List for final hearing in due course.

Certified copy as per rules.

(ROOPESH CHANDRA VARSHNEY) JUDGE

b

Signature Not Verified Signed by: BHARTI GADGE Signing time: 10/17/2023 10:40:55 AM