Sonu @ Shubham vs The State Of Madhya Pradesh
2025 Latest Caselaw 11049 MP

Madhya Pradesh High Court

Sonu @ Shubham vs The State Of Madhya Pradesh on 12 November, 2025

                                                              1                                CRA-8767-2025
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                       CRA No. 8767 of 2025
                                       (SONU @ SHUBHAM Vs THE STATE OF MADHYA PRADESH AND OTHERS )



                           Dated : 12-11-2025
                                 Shri Sandeep Kumar Mishra - Advocate for the appellant.
                                 Ms Papiya Ghosh - Panel Lawyer for the respondent/State.

Heard on admission.

The appeal is admitted for hearing.

Heard on I.A. No.21779/2025, which is first application under

Section 430 (1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 for suspension of sentence and grant of bail to the appellant.

This Criminal Appeal assails the judgment dated 26.08.2025 passed by the learned Special Judge, POCSO Act, District Damoh (M.P.) in SC (POCSO Act) No.09/2025, whereby appellant has been convicted under Sections 341 & 354 (Gha) of IPC and sentenced to pay fine of Rs.500/- with default stipulation. He has also been convicted under Section 11(iv) of the POCSO Act and sentenced to undergo R.I. for 02 years and fine of Rs.1000/- with default stipulation.

Learned counsel for the appellant submitted that learned trial Court has wrongly convicted the appellant without properly appreciating the evidence available on record. It is further submitted that sentence imposed on the appellant was suspended by the trial Court till 26.09.2025. The said order of suspension was extended by this Court from time to time and vide order dated 27.10.2025, this Court extended the suspension of sentence till today.

2 CRA-8767-2025 However, the appellant did not misuse the liberty so granted. It is also submitted that the present appeal will take considerable time for its disposal and, looking to the short period of jail sentence, benefit of suspension of sentence may be granted and the appellant may be released on bail during pendency of this appeal.

On the other hand, learned counsel for the State has opposed the prayer made by the appellant.

Heard learned counsel for the rival parties and perused the record. Considering the facts and circumstances of the case so also looking to the fact that the jail sentence of appellant was already suspended by the trial Court which was extended by this Court from time to time, but without expressing any opinion on the merits of the case, I.A. No.21779/2025 is

allowed. It is directed that subject to depositing the fine amount, if not already deposited, and on furnishing a personal bond of Rs.50,000/- (Rupees Fifty Thousand only) with a solvent surety of the like amount to the satisfaction of the concerned trial Court, the remaining jail sentence of the present appellant shall remain suspended and he shall be released on bail. The present appellant is further directed to mark his appearance before the concerned trial Court on 09.02.2026 and on subsequent dates as may be fixed by the trial Court in this regard.

List the case for final hearing in due course.

C.C. as per rules.

(RAJENDRA KUMAR VANI) JUDGE

3 CRA-8767-2025 DV