Bharat Choudhray vs The State Of Madhya Pradesh
2024 Latest Caselaw 3166 MP

Madhya Pradesh High Court

Bharat Choudhray vs The State Of Madhya Pradesh on 2 February, 2024

Author: Anuradha Shukla

Bench: Anuradha Shukla

                                                             1
                                     IN THE HIGH COURT OF MADHYA PRADESH
                                                  AT JABALPUR
                                                    CRA No. 13320 of 2023
                                    (BHARAT CHOUDHRAY Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                         Dated : 02-02-2024
                               Shri Shailendra Singh - Advocate for appellant.

                               Shri D.K. Shukla - Panel Lawyer for respondent/State.

Heard on the question of admission.

The appeal being arguable is admitted for final hearing. Also heard o n I.A No.25105/2023, which is first application under

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

The appellant has been convicted for the offence punishable under Section 354(A)(1)(i), 354(A)(1)(ii) r/w 11/12 of the POCSO Act and sentenced to undergo R.I. for 3 years and fine of Rs.2,000/-, with default stipulations.

Learned counsel for the appellant submits that the jail sentence of appellant was suspended by the trial Court till 04.12.2023 (as mentioned in the application). Thereafter, this Court vide order dated 30.10.2023 has further extended the period of bail of appellant for a period of two months from

04.12.2023 to 04.02.2024. The maximum jail sentence awarded to the appellant is of three years and he has been on bail during trial but did not misuse the liberty granted to him. 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.

On the other hand, learned counsel for the State has opposed the application and prayed 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 sentence 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.

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 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 22.04.2024 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 this case for final hearing in due course.

(ANURADHA SHUKLA) JUDGE sjk