Madhya Pradesh High Court
Arvind Choudhary vs The State Of Madhya Pradesh on 30 July, 2018
1 CRA-1827-2018
The High Court Of Madhya Pradesh
CRA-1827-2018
(ARVIND CHOUDHARY Vs THE STATE OF MADHYA PRADESH)
3
Jabalpur, Dated : 30-07-2018
Shri A.K. Kosta, counsel for the appellant.
Shri Arvind Singh, Govt. Advocate for the respondent/State.
Heard on I.A. No.3504/2018 which is an application u/S.389(1) of Cr.P.C. for suspension of the custodial sentence passed against appellant Arvind Choudhary.
This appeal has been preferred against the judgment dated 19.01.2018 passed by Additional Sessions Judge, Jabalpur in S.S.T.No.14321/2016 whereby learned Additional Sessions Judge found appellant guilty for the offence punishable under Section 4 of POCSO Act and sentenced him to undergo R.I. for three years with fine of Rs.2000/- with default stipulation.
Learned counsel for the appellant submitted that earlier the Trial Court suspended the jail sentence of the appellant for obtaining the stay order but the appellant could not obtain the stay order nor he remain present before the trial court, therefore, non bailable warrant was issued against the appellant to secure his presence. Thereafter, appellant surrendered before the trial court on 02.05.2018 and since then he is in jail. In support of his contention, learned counsel for the appellant has filed copy of the order-sheet dated 02.05.2018. It is further submitted that the trial Court without appreciating the evidence properly wrongly convicted the appellants for the aforesaid offences. Hence prayed for suspension of the jail sentence and release of the appellant on bail since the hearing of this appeal is likely to take long time.
On the other hand, learned counsel for the State opposed the prayer and submitted that the guilt of the appellant was proved beyond reasonable doubt, therefore, learned trial Court has rightly convicted and sentenced the appellant.
Looking to the facts and circumstances of the case and the fact that earlier the learned trial court suspended the appellant's sentence and looking to the short sentence of the appellant, application I.A. 3504/2018 is allowed and it is directed that the execution of the jail sentence alone passed against the appellant shall remain suspended during the pendency of this appeal and he be released on bail upon Digitally signed by RANJEET AHIRWAL Date: 30/07/2018 18:34:28 2 CRA-1827-2018 furnishing personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand only) with one surety in the like amount to the satisfaction of the trial Court for his appearance before the Registry of this Court on 21.12.2018 and on such further dates as may be fixed in this behalf by the Registry during the pendency of this appeal.
Matter be listed for admission after four weeks.
(RAJEEV KUMAR DUBEY) JUDGE (ra) Digitally signed by RANJEET AHIRWAL Date: 30/07/2018 18:34:28