HIGH COURT OF MADHYA PRADESH BENCH AT INDORE
Cr.A. No.8333/2019
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Indore, Dt.1.10.2019
Shri N.J.Dave, counsel for the appellant.
Shri Arvind Yadav, learned P.P. for the respondent/State.
Heard.
Admit.
Let record of the trial court be requisitioned.
Also heard learned counsel for the parties on I.A.
No.7975/2019, an application under Section 389(1) of the Code of
Criminal Procedure for suspension of custodial sentence of sole
appellant- Roshan @ Goriya.
Appellant has been found guilty for the offence punishable
under Sectionsections 354 IPC and 7/8 of POCSO Act and sentenced to
undergo 1 year R.I. with fine of Rs.500/- and 3 years RI with fine
of Rs.500/- respectively with default stipulation vide judgment
dated 20.9.2019 passed by II ASJ, Barwaha, District Khargone in
S.T.No. 439/2016.
Learned counsel for the appellant submits that appellant
was on bail during the trial and he has not misused the liberty
granted to him. It is further submitted that trial Court has
recorded conviction without properly appreciating the evidence
on record and that material omissions, contradictions and
anomalies present in the prosecution evidence have been
overlooked. The jail sentence of the appellant has been
suspended till 18.10.2019 by the trial court itself. There are fair
chances of success in this Appeal. Hearing of the Appeal is likely
to take long time and appellant cannot be kept in custody
unnecessarily, otherwise the Appeal filed by him may turn
infructuous, in these circumstances counsel prays for suspension
of sentence and release of the appellant on bail.
On the other hand, learned counsel for the State opposes the
application, submitting that no sufficient ground is made out for
releasing the appellant on bail, hence the application filed by the
HIGH COURT OF MADHYA PRADESH BENCH AT INDORE
Cr.A. No.8333/2019
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appellant be dismissed.
Considering the fact that appellant was on bail during the
course of trial and he has not misused the liberty, the jail sentence
has been suspended till 18.10.2019 and hearing of this Appeal is
likely to take considerable time, this Court is of the considered
opinion that the application for suspension of custodial sentence
deserves to be allowed.
Accordingly, I.A. No. 7975/2019 is allowed and it is
directed that on depositing the fine amount(if not already
deposited) and on furnishing personal bond by the appellant in the
sum of Rs.50,000/- (Rupees Fifty Thousand) with a solvent
surety in the like amount to the satisfaction of the learned trial
Court, for his regular appearance before this Court, the execution
of custodial part of the sentence imposed against the appellant
shall remain suspended, till the final disposal of this appeal.
The appellant, after being enlarged on bail, shall mark his
presence before the Registry of this Court on 18.12.2019 and on
all such subsequent dates, which are fixed in this regard by the
registry.
Certified copy as per rules.
(S.K.Awasthi)
Judge
mk
MUKTA
KAUSHAL
2019.10.01
17:00:47
+05’30’
HIGH COURT OF MADHYA PRADESH BENCH AT INDORE
Cr.A. No.8333/2019
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