Madhya Pradesh High Court
Inder Kumar vs The State Of Madhya Pradesh on 5 January, 2024
Author: Vijay Kumar Shukla
Bench: Vijay Kumar Shukla
1 IN THE HIGH COURT OF MADHYA PRADESH AT INDORE CRA No. 1739 of 2017 (INDER KUMAR Vs THE STATE OF MADHYA PRADESH) Dated : 05-01-2024 Shri Rishiraj Trivedi, counsel for the appellant.
Shri Santosh Singh Thakur, Public Prosecutor for State. Heard on I.A.No. 19222/2023 which is first application for suspension of sentence under section 389 Cr.P.C. on behalf of appellant-Inder Kumar.
Appellant has been convicted by the trial court under sections 5/6 and 9(L)/10 of POCSO Act and sentenced to undergo 10 years RI with fine of RS.100/- and 5 years RI with fine of Rs.100/- with default stipulation.
Counsel for the appellant submits that appellant has already undergone actual jail sentence of 7 years and 2 months out of 10 years imprisonment. The appeal is of the year 2017 and final hearing of appeal may take time. It is also argued that trial court has erred in disbelieving the defence version and relying on prosecution version, which is full of contradictions and omissions, thus appellant has a good case in his favour. In these circumstances, the application for suspension of sentence be allowed.
Counsel for the State supports the order of conviction and sentence.
After hearing learned counsel for the parties and taking into consideration that appellant has already undergone actual jail sentence of 7 years and 2 months and final hearing of the appeal is likely to take time, I.A.No.19222/2023 i s allowed and jail sentence of the appellant-Inder Kumar shall remain suspended.
I t is directed that subject to depositing the fine amount, if already not deposited, the appellant shall be released on bail, on furnishing a personal bond Signature Not Verified Signed by: MUKTA CHANDRASHEKHAR KOUSHAL Signing time: 05-01-2024 17:54:48 2 in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety of the like amount to the satisfaction of Trial Court, for his appearance before the Registry of this Court firstly on 20.03.2024 and on such other dates, as may be fixed by the Registry in this regard, till final disposal of this appeal.
C.c. as per rules.
(VIJAY KUMAR SHUKLA) JUDGE MK Signature Not Verified Signed by: MUKTA CHANDRASHEKHAR KOUSHAL Signing time: 05-01-2024 17:54:48