Madhya Pradesh High Court
Rajesh vs The State Of Madhya Pradesh on 22 February, 2024
Author: Vishal Dhagat
Bench: Vishal Dhagat
1 IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 2475 of 2024 (RAJESH Vs THE STATE OF MADHYA PRADESH AND OTHERS) Dated : 22-02-2024 Shri Durgesh Rai - Advocate for the appellant.
Shri Pramod Choubey - Government Advocate for the State.
Heard on admission.
2. Admitted for hearing.
3. Appellant has filed I.A. No.4651/2024 an application under Section 389(1) of Code of Criminal Procedure for suspension of jail sentence.
4. Appellant has been convicted under Sections 354, 354(ka)(1)(i) of IPC and 7 read with 8 of POCSO Act and sentenced to undergo R.I. for 3, R.I. for 3 years and R.I. for 3 years respectively with total fine of Rs.1500/- with default stipulation.
5. It is submitted by learned counsel for the appellant that appellant has been granted bail by the trial Court till 28.02.2024. Sentence is for a period 3 years' R.I. There is no likelihood of hearing of appeal in near future. Considering the fixed short term sentence, appellant may be released on bail.
6. Learned Government Advocate opposed the application for suspension of sentence.
7. Heard the counsel for the parties.
8. Looking to the period of custody and short fixed term sentence, I.A. for suspension of sentence is allowed. It is hereby directed that the custodial sentence awarded to the appellant shall remain suspended during the pendency of this appeal and on deposit of fine, if already not deposited, Signature Not Verified he shall be released on bail on his furnishing a personal bond in the sum of Signed by: SUNIL KUMAR PATEL Signing time: 22-02-2024 17:12:46 2 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 06.05.2024 and on other dates as may be fixed in this regard till final disposal of this appeal.
9. List the matter for final hearing in due course.
10. Certified copy today.
(VISHAL DHAGAT) JUDGE sp/-
Signature Not Verified Signed by: SUNIL KUMAR PATEL Signing time: 22-02-2024 17:12:46