Kamlesh vs The State Of M.P. Through P.S. Bhanpura ...
2024 Latest Caselaw 16783 MP

Madhya Pradesh High Court

Kamlesh vs The State Of M.P. Through P.S. Bhanpura ... on 27 June, 2024

Author: Vishal Mishra

Bench: Vishal Mishra

                                                               1                                CRA-7118-2024
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT INDORE
                                                         CRA No. 7118 of 2024
                             (KAMLESH Vs THE STATE OF M.P. THROUGH P.S. BHANPURA DISTRICT MANDSAUR AND OTHERS)

                           Dated : 27-06-2024
                                 Shri Rishiraj Trivedi, learned counsel for the appellant.

                                 Shri Bhuwan Gautam, learned Government Advocate for the
                           respondent/State.

Heard on the question of admission.

Appeal is admitted for final hearing.

Heard on I.A.No.9906/2024, which is first application under Section 389 of Cr.P.C for suspension of jail sentence filed on behalf of appellant.

This Criminal appeal assails the judgment dated 17/5/2024 passed in S.T. No.02/2022 by the Additional District and Session Judge, Bhanpura District Mandsaur whereby the appellant has been convicted under Section 451 of Indian Penal Code and Section 8 of the POCSO Act and sentenced to undergo rigorous imprisonment for 2 years and 3 years respectively with fine of Rs.2000/- and Rs.10,000/- respectively, with default stipulations.

Learned counsel for the appellant submits that appellant's jail sentence

has already been suspended by the trial court upto 17/7/2024. There is no likelihood of early disposal of the appeal. Hence, he prays for suspension of sentence and grant of bail.

Per contra, counsel for the State has vehemently opposed the application. Consequently, I.A.No.9906/2024 is allowed and jail sentence of the appellant is suspended. Appellant is directed to be released on bail subject to verification of the submissions made by counsel for the appellant and the fact that the appellant has already deposited the fine amount and on furnishing

2 CRA-7118-2024

personal bond in the sum of Rs.50,000/- (Fifty thousand only) with one solvent surety in the like amount to the satisfaction of trial court for his appearance before Registry of this court on 21/9/2024 and thereafter on all other dates as may be fixed by the office.

With the aforesaid, I.A No.9906/2024 is disposed off. As a consequence, I.A No.9907/2024, which is an application for urgent hearing is disposed off.

Let record of the Court below be summoned.

Cc as per rules.

(VISHAL MISHRA) V. JUDGE

PK