Sunil vs The State Of Madhya Pradesh
2024 Latest Caselaw 21133 MP

Madhya Pradesh High Court

Sunil vs The State Of Madhya Pradesh on 5 August, 2024

Author: Anuradha Shukla

Bench: Anuradha Shukla

                                                              1                                 CRA-4100-2024
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                      CRA No. 4100 of 2024
                                           (SUNIL AND OTHERS Vs THE STATE OF MADHYA PRADESH )



                         Dated : 05-08-2024
                               Shri Arpan Shrivastava - Advocate for appellants.
                               Ms. Vineeta Sharma - Panel Lawyer for respondent/State.

Heard on admission.

Record of the trial Court is perused.

This appeal is admitted for final hearing.

Also heard on I.A No.7919/2024 , which is the 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 under Sections 354, 354-D and 452 of IPC and Section 11/12 of POCSO Act and has been sentenced to undergo RI for 1 year and fine of Rs.1,000/- for each offence with default stipulations.

Learned counsel for the appellant submits that the appellant is innocent and has falsely been implicated in the matter. He also submits that the trial Court has not properly appreciated the oral and documentary evidence available on record and committed error in convicting the appellant for aforesaid offences. The

sentence of appellant was suspended by the trial Court upto 12.04.2024 which was further extended by a Co-ordinate Bench of this Court till 31.05.2024 and thereafter it was further extended by this Court till 09.08.2024. 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

2 CRA-4100-2024 considered.

On the other hand, learned counsel for the State has opposed the application and prays for its rejection.

Heard counsel for the parties and perused the record. 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 deserves to be suspended. Therefore, without commenting on the merit of the case, this application is allowed.

It 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 surety each 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 23.10.2024 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 for final hearing in due course.

(ANURADHA SHUKLA) JUDGE

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