Madhya Pradesh High Court
Jay Singh vs The State Of Madhya Pradesh on 6 June, 2024
Author: Dwarka Dhish Bansal
Bench: Dwarka Dhish Bansal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 6438 of 2024
(JAI SINGH Vs. THE STATE OF MADHYA PRADESH & ANR.)
Dated : 06-06-2024
Shri T.N. Sharma - Advocate for appellant.
Shri G.S. Chouhan - Public Prosecutor for respondent/State.
Heard on the question of admission;
The appeal, being arguable, is admitted for final hearing.
Heard on I.A.No.10702 of 2024, which is first application under
Section 389 of Cr.P.C. for suspension of sentence and grant of bail to the
appellant.
This Criminal appeal assails the judgment dated 10.05.2024 passed
by the Special Judge (POCSO Act), Gohad District Bhind (M.P.) in SC
No.09/2021 whereby, the appellant has been convicted under Section 354
of IPC and sentenced to undergo rigorous imprisonment for one year with
fine of Rs.1,000/-, under Section 7/8 of POCSO Act and sentenced to
undergo rigorous imprisonment for three years with fine of Rs.2,000/-
with default stipulations.
Contention of counsel for the appellant is that the sentence of
appellant has already been suspended by the trial Court up to 08.06.2024.
Fine amount has already been deposited. It is further submitted that the
appellant on bail during trial and never misused the liberty so granted to
him. Hearing of appeal shall take long time. Even otherwise, appellant has
strong case on merits also. Hence, looking to the period of custody, he
prays for suspension of sentence and grant of bail to the appellant.
Per contra, learned Public Prosecutor appearing on behalf of the
respondent/State while supporting the judgment impugned submits that no
VIPIN
KUMAR
DN: c=IN, o=HIGH COURT OF MADHYA PRADESH
BENCH GWALIOR, ou=HIGH COURT OF MADHYA
PRADESH BENCH GWALIOR,
2.5.4.20=d006bb3eabe783b3bf48b69363931df243
5ef7e2d1218660438085abe6d619cd,
AGRAHA
postalCode=474001, st=Madhya Pradesh,
serialNumber=64BF959B6FFDEEF8E12C62166740B
3C771FFBCB05102395B93DC7FB337059A94,
cn=VIPIN KUMAR AGRAHARI
Date: 2024.06.06 18:07:36 +05'30'
RI
exception can be taken in the matter of suspension of sentence and grant
of bail, regard being had to the nature and the gravity of offence found
proved against the present appellant.
Heard learned counsel for the parties and perused the materials
available on record.
Considering the arguments advanced by learned counsel for the
parties, without commenting on merits of the case, I.A.No. 10702 of 2024
is hereby allowed. Subject to depositing of fine amount, if not already
deposited, and on furnishing personal bond of Rs.50,000/- (Rupees Fifty
Thousand only) with one solvent surety of the like amount to the
satisfaction of the concerned trial Court, the remaining jail sentence of the
appellant shall remain suspended and he be released on bail. He is further
directed to mark his appearance before the Office of this Court on
13.08.2024 and on subsequent dates given by the Office in this regard, till
final disposal of this appeal.
List the case for final hearing in due course.
A copy of this order be sent to the concerned Court below for
compliance.
Certified copy/ e-copy as per rules/directions.
(DWARKA DHISH BANSAL)
Vpn/- V. JUDGE
VIPIN KUMAR
DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH
GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH
GWALIOR,
2.5.4.20=d006bb3eabe783b3bf48b69363931df2435ef7e2d12186
AGRAHARI
60438085abe6d619cd, postalCode=474001, st=Madhya Pradesh,
serialNumber=64BF959B6FFDEEF8E12C62166740B3C771FFBCB0
5102395B93DC7FB337059A94, cn=VIPIN KUMAR AGRAHARI
Date: 2024.06.06 18:07:50 +05'30'
