Atul Kori vs The State Of Madhya Pradesh
2023 Latest Caselaw 17841 MP

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 12911 of 2023 (ATUL KORI Vs THE STATE OF MADHYA PRADESH AND OTHERS)

Dated : 26-10-2023 Shri S.P.Tiwari - Advocate for the appellant.

Shri Ravindra Rajput - Panel Lawyer for the State.

Heard on admission.

Admit.

Heard on I.A.No.24256/2023 which is first application under Section 389

(1) CrPC for suspension of custodial sentence of the appellant Atul Kori.

Appellant has been convicted under Section 354 of IPC and sentenced to undergo RI for three years with fine Rs.1000/- and Section 7 r/w Section 18 and Section 11(i) r/w Section 12 of POCSO Act and sentenced to undergo RI for 3 years with fine Rs.1000/- and RI for one year with fine Rs.500/- for respective offences vide impugned judgment dated 29.09.2023 passed in SC No.91/2023 by Special Judge (POCSO Act)/18th ASJ, District Jabalpur.

It is submitted by the counsel for the appellant that the Trial Court has itself suspended the sentence of the appellant till 28.11.2023. It is further

submitted that appeal is of the year 2023 and there is no likelihood of appeal being taken up for final hearing. Under such circumstances, sentenced of the appellants may be suspended.

Learned counsel appearing for the State has supported the impugned judgment and opposed the application for suspension of sentence.

Having regard to the nature of allegation made against the appellant and other facts and circumstances of the case but without commenting on merits of the case, I.A.No.24256/2023 is allowed. Signature Not Verified Signed by: ANAND KRISHNA SEN Signing time: 10/27/2023 10:37:04 AM

It is directed that on deposit of entire fine amount (if not already deposited) and on furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand) with one solvent surety in the like amount to the satisfaction of the trial Court for his appearance before the trial Court on 18.12.2023 and on all subsequent dates as may be fixed by the trial Court in that regard, the execution of substantial jail sentence imposed on appellant shall remain suspended, till final disposal of this appeal.

Let the appeal be listed for final hearing in due course.

(ROOPESH CHANDRA VARSHNEY) JUDGE

anand

Signature Not Verified Signed by: ANAND KRISHNA SEN Signing time: 10/27/2023 10:37:04 AM