Madhya Pradesh High Court
Santosh @ Chotu vs The State Of Madhya Pradesh on 27 February, 2024
Author: Prakash Chandra Gupta
Bench: Prakash Chandra Gupta
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
CRA No. 2257 of 2024
(SANTOSH @ CHOTU Vs THE STATE OF MADHYA PRADESH)
Dated : 27-02-2024
Shri Anuj Gupta - Advocate for appellant.
Shri Rahul Solanki - Government Advocate for respondent / State.
Heard on the question of admission.
The appeal is admitted for final hearing.
Also heard on IA No.2684 of 2024, which is an application filed under
Section 389 of Cr.P.C. for suspension of jail sentence filed on behalf of sole
appellant Santosh @ Chotu.
2 . Appellant has been convicted under Sections 341, 323/34 (four
counts) of IPC and Sections 7/8 and 11(i) read with Section 12 of POCSO Act
and Section 354 A(1)(i) of IPC and sentenced him to undergo SI for 01 month
with fine of Rs.500/-, till the rising of the Court with fine of Rs.1000/-, RI for 3
years with fine of Rs.1000/- and RI for 1 year with fine of Rs.500/- respectively
with default stipulations, vide judgement of conviction and order of sentence
dated 30.01.2024 passed by the Special Judge (POCSO) Act / Ist Additional
Sessions Judge, Dewas, District Dewas in S.T. No.128/2021.
3 . Learned counsel for the applicants submits that present applicant is
innocent and has been falsely implicated in the matter. During the trial he was on
bail and he has not misused the liberty granted to him. His jail sentence has also
been suspended by the trial Court from the date of judgment till 29.02.2024.
Looking to old pendency of the cases for consideration, final conclusion of this
appeal would take sufficient long time. There is a strong case in favour of the
appellant. Hence, the execution of the remaining part of the jail sentence of the
appellant be suspended till the final disposal of this appeal.
4. Per contra, learned counsel for the respondent / State opposes the
application for suspension of sentence and prays for its rejection.
5. Considering all the facts and circumstances of the case, nature of the
allegation levelled against the appellant and also taking note of the fact that
appellant was on bail during the trial; there is no complaint that he has misused
the liberty granted to him and final conclusion of the appeal will also take
sufficient long time. In view of the aforesaid facts and circumstances of the
case, I find it is to be a fit case to suspend the remaining custodial sentence of
the appellant.
6. Accordingly, I.A. No.2684 of 2024 is allowed and it is directed subject
to deposit of fine amount, if not already deposited, and subject to furnishing
personal bond by the appellant in the sum of Rs.50,000/- (Rupees Fifty
Thousand Only) with one surety in the like amount to the satisfaction of
learned trial Court for his appearance before the Registry of this Court on
23/04/2024 and on all such subsequent dates, which are fixed in this behalf, the
execution of remaining custodial part of the sentence of the appellant shall
remain suspended, till final disposal of this appeal.
7. Let record of the trial Court be called.
8. Registry is directed to list the matter for final hearing in due course.
Certified copy, as per Rules.
(PRAKASH CHANDRA GUPTA)
JUDGE
Anushree
