Rahul vs The State Of Madhya Pradesh
2024 Latest Caselaw 14008 MP

Madhya Pradesh High Court

Rahul vs The State Of Madhya Pradesh on 13 May, 2024

Author: Vishal Dhagat

Bench: Vishal Dhagat

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                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                         CRA No. 5502 of 2024
                                                   (RAHUL Vs THE STATE OF MADHYA PRADESH)

                           Dated : 13-05-2024
                                   Shri Santosh Sahu - Advocate for the appellant.

                                   Shri S. K. Rai - Govt. Advocate for respondent/State.

                                   Heard on admission.
                                   Admitted.
                                   Record of the court below be requisitioned immediately.

                                   Appellant has filed I.A. No.10842/2024 an application under Section
                           389(1) of Code of Criminal Procedure for suspension of jail sentence.
                                   2. Appellant has been convicted under Section 7/8 of POCSO Act read
                           with section 354 of IPC and sentenced to undergo R.I. for 3 years with fine of
                           Rs.2,000/- with default stipulations.
                                   3. It is submitted by learned counsel for the appellant that appellant is on
                           bail till 25.5.2024 and there is no likelihood of hearing of appeal in near future. It
                           is submitted that appeal may become infructuous with lapse of time. In these
                           circumstances, sentence may be suspended and appellant may be released on

                           bail.
                                   4. Learned Govt. Advocate appearing for the respondent/State opposed
                           the application for suspension of sentence.
                                   5. Heard the counsel for the parties.
                                   6. Apex Court in case of Bhagwan Rama Shinde Gosai and others
                           Vs. State of Gujarat, reported in (1999) 4 SCC 421 has held that when a
                           convicted person is sentenced to a fixed period of sentence and when he files
                           an appeal under any statutory right, suspension of sentence can be considered
Signature Not Verified
Signed by: MONSI
MANNAKUNNIL SIMON
Signing time: 14-05-2024
12:38:05
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                           by the appellate Court liberally unless there are exceptional circumstances.
                                 7. Considering the aforesaid judgment passed by Apex Court and the
                           fact that fixed term sentence has been imposed against the appellant, I.A. for
                           suspension of sentence is allowed.
                                 8. It is hereby directed that the custodial sentence awarded to the
                           appellant shall remain suspended during the pendency of this appeal and he
                           shall be released on bail on his depositing the entire amount of fine, if not
                           already deposited, and furnishing a personal bond in the sum of Rs.50,000/-
                           (Rs. Fifty Thousand Only) with one solvent surety bond of the like amount to
                           the satisfaction of the trial Court, for his appearance before the Registry of this

                           Court on 5.08.2024 and on other dates as may be fixed in this regard till final
                           disposal of this appeal.
                                 List the appeal for final hearing in due course.
                                 C.C. as per rules.


                           .

(VISHAL DHAGAT) JUDGE

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