Madhya Pradesh High Court
Abhishek Verma vs The State Of Madhya Pradesh on 3 July, 2020
Author: Sunil Kumar Awasthi
Bench: Sunil Kumar Awasthi
Cr.A. No.1198/2020 1
THE HIGH COURT OF MADHYA PRADESH
Cr.A. No.1198/2020
(Abhishek Verma vs. The State of Madhya Pradesh)
Indore, Dated:03/07/2020
Shri G.P. Singh, learned counsel for the appellant.
Ms. Nisha Tanwar, learned Public Prosecutor for the
respondent/State.
Heard on I.A. No.1060/2020 an application under Section 389(1) of Cr.P.C for suspension of sentence and grant of bail moved on behalf of appellant-Abhishek Verma.
Appellant has been convicted for offence under Sections 354, 509 of IPC 1860 and Section 7/8 of Protection of Children from Sexual Offences Act, 2012, sentenced to undergo 1 year, 1 year & 3 years R.I with fine and usual default stipulation, vide judgment dated 27/12/2019, passed by First Additional Sessions Judge, District Rajgarh, in S.T. No.258/2018.
Learned counsel for the appellant has submitted that the appellant was on bail during trial and he has not misused the liberty so granted to him. Trial Court has not properly appreciated the evidence and committed error in convicting the appellant for the aforesaid offences. There are fair chances of success in the appeal. There is no possibility of early hearing of the appeal and if the sentence is not suspended, the appeal will turn infructuous. The appellant is ready to deposit the fine amount. Under these circumstances, looking to the short sentence imposed on the appellant, counsel prayed for suspension of remaining jail sentence of the appellant and grant of bail.
Learned Public Prosecutor opposes the application, submitting that no sufficient ground is made out for releasing the appellant on bail, hence the application filed by the appellant be Digitally signed by Sumati Jagadeesan Date: 03/07/2020 17:33:51 Cr.A. No.1198/2020 2 dismissed.
Considering the facts and circumstances of the case and the arguments advanced by learned counsel for the parties, this Court is of the considered opinion that the application for suspension of custodial sentence moved on behalf of appellant- Abhishek Verma deserves to be allowed .
Accordingly, I.A. No.1060/2020 is allowed and it is directed that subject to depositing the fine amount and on furnishing personal bond by appellant in the sum of Rs.50,000/- (Rupees fifty thousand only) 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.
Appellant, after being enlarged on bail, shall mark his presence before the Registry of this Court on 26/11/2020 and on all such subsequent dates, as may be fixed by the Registry in this regard.
Let the record of the trial Court be requisitioned. List in due course.
Certified copy as per Rules.
(S. K. AWASTHI) JUDGE sumathi Digitally signed by Sumati Jagadeesan Date: 03/07/2020 17:33:51