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Yatin vs The State Of Madhya Pradesh on 20 December, 2017

Soumya Digitally signed by Soumya Ranjan
Dalai
DN: cIN, oHigh Court of Madhya
Pradesh, ouAdministration,

Ranjan
postalCode452001, stMadhya
Pradesh,
2.5.4.20f4d2118683e84322bb579
7cf28ee60671538b737cf52962d84

Dalai
d7b527897e53ac, cnSoumya
Ranjan Dalai
Date: 2017.12.23 12:36:36 +05’30’
1

HIGH COURT OF MADHYA PRADESH

Cr.A. No.6019/2017
(Yatin vs. State of M.P.)

Indore, Dated: 20/12/2017

Shri Kaushal Singh, learned counsel for the appellant.
Shri Rajesh Mali, learned Public Prosecutor for the
respondent/State.

Heard on the question of admission.

Appeal is admitted for final hearing.

Let the record of the trial Court be requisitioned.
Further heard learned counsel for the parties on I.A.
No.24862/17, an application under Section 389(1) Cr.P.C. for
suspension of custodial sentence.

The appellant has been found guilty for offence under
Section 354 IPC (2 counts) and has been sentenced to undergo
2 years RI and to pay fine of Rs.1000/-.

Learned counsel for the appellant submits that the learned
trial Court has recorded the conviction without properly
appreciating the evidence on record and that material
omissions, contradictions and anomalies present in the
prosecution evidence have been overlooked. It is also submitted
that the appellant was on bail during trial and the liberty so
granted was not misused by him. It is further submitted that the
appeal is likely to take sufficiently long time in its final
disposal and if the sentence is not suspended then, it shall be
rendered infructuous.

Though the prayer for suspension is opposed by learned
2

Public Prosecutor, however, looking to the aforesaid, without
further commenting on the merits of the case, it would be
appropriate to suspend the custodial sentence of the appellant.

Accordingly, I.A. No. 8357/16 is allowed and it is
directed that on execution of personal bond by the appellant in
the sum of Rs.40,000/- with a solvent surety in the like amount
to the satisfaction of the learned trial Court for his appearance
before this Court, the execution of custodial sentence imposed
against him 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 26.02.2018 and
on all such subsequent dates, which are fixed in this regard by
the Registry.

CC as per rules.

(Ved Prakash Sharma)
Judge

soumya

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