Anand vs The State Of Madhya Pradesh
2024 Latest Caselaw 27734 MP

Madhya Pradesh High Court

Anand vs The State Of Madhya Pradesh on 3 October, 2024

Author: Prakash Chandra Gupta

Bench: Prakash Chandra Gupta

                                                               1                             CRA-9943-2024
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT INDORE
                                                        CRA No. 9943 of 2024
                                                  (ANAND Vs THE STATE OF MADHYA PRADESH )



                           Dated : 03-10-2024

                                 Shri Shailendra Dixit, Advocate for the appellant.
                                 Shri    Jayesh     Yadav,     Dy.    Government       Advocate   for   the
                           respondent/State.

Heard on I.A.No.14079//2024, which is first application for suspension

of jail sentence and grant of bail filed under Section 430 of BNSS moved on behalf of appellant - Anand.

2. Learned Trial Court has convicted the appellant under Sections 354 and 506-II of IPC alongwith 7/8 of the POCSO Act and sentenced to undergo RI for 02 years with fine of Rs.1,000/-, RI for 02 years with fine of Rs.1,000/- and RI for 03 years with fine of Rs.4,000/- respectively with default stipulations, vide judgment of conviction and order of sentence dated 27.07.2024 passed by the Special Judge, Sardarpur, District Dhar in Special Case No.34/2022.

3. Learned counsel for the appellant submits that earlier jail sentence of the appellant was suspended by the Trial Court 27.08.2024 and the appellant was released on bail. Thereafter, appellant had filed this appeal within the prescribed time limit but the matter could not be listed therefore, his application for suspension of jail sentence was not heard by this Court. It is submitted that appellant has surrendered before the Trial Court on 29.08.2024 and he is in ustoyd since then. Final hearing of this appeal will

2 CRA-9943-2024

take sufficient time therefore, it is prayed that the remaining jail sentence of the appellant may be suspended and he may be released on bail.

4. Learned counsel for the respondent/State has opposed the prayer of the appellant and prayed for its rejection.

5. I have heard learned counsel for the parties and perused the record.

6. Considering the short term of sentence and after perusal of the evidence available on record, without expressing any opinion on merits of the case, the application I.A. No.14079/2024 is allowed and jail sentence of the appellant shall remain suspended.

7. It is directed that subject to depositing the fine amount, if already not deposited, appellant - Anand shall be released on bail, on furnishing

personal bond in the sum of Rs.25,000/- (Rupees Twenty Five Only) with one solvent surety in the like amount to the satisfaction of Trial Court, for his appearance before the Registry of this Court firstly on 18.11.2024 and on such other dates, as may be fixed by the Registry in this regard, till final disposal of this appeal.

Record of the Trial Court be requisitioned.

List in due course.

Certified copy, as per Rules.

(PRAKASH CHANDRA GUPTA) JUDGE

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