Madhya Pradesh High Court
Rahul Bhandari vs The State Of Madhya Pradesh on 9 November, 2020
Author: Sunil Kumar Awasthi
Bench: Sunil Kumar Awasthi
1
THE HIGH COURT OF MADHYA PRADESH:BENCH AT INDORE
Criminal Appeal No.3832/2020
(Rahul Bhandari Vs. State of M.P.)
Indore, Dated: 09/11/2020
Shri Samar Jeet Singh Chouhan, learned counsel for the
appellant.
Shri Nipun Choudhary, learned panel lawyer for the
respondent/State.
Learned counsel for the appellant has submitted that after passing the judgment of conviction, the sentence of the appellant was suspended by the trial Court till 19.08.2020 however, the present appeal could not be filed within the limitation period therefore, the appellant surrendered before the trial Court on 07.11.2020. He has filed the copy of the order sheet in which it has been mentioned that he has surrender before the trial Court on 07.11.2020 and has been sent to custody.
Heard on I.A. No.4289/2020 which is an application under Section 389(1) of Cr.P.C. for suspension of custodial sentence and grant of bail of the sole appellant-Rahul bhandari.
The appellant has been convicted and sentenced by the Special Judge, (P.O.C.S.O. Act, 2012) District- Mandsaur (M.P.) in Session Trial No.133/2019 for the following:-
Offence Sentenced to
354 (D) of I.P.C. 6 months R.I. Rupees 750/- fine
and in default jail sentence of 1
month.
Section 11 (i)(iv) read with 6 months R.I. Rupees 750/- fine Section 12 of and in default jail sentence of 1 P.O.C.S.O.Act,2012 month.
Learned counsel for the appellant has submitted that the appellant was on bail during the trial and he did not 2 misuse the liberty so granted to him. It is further submitted that the conviction and sentence awarded to the appellant was suspended by the trial Court itself. It is also submitted that the short sentence of 6 months has been imposed upon the appellant and there is no likelihood of hearing of the appeal in near future, if the remaining custodial sentence of the appellant is not suspended then appeal filed by the appellant may turn infructuous. The appellant is ready to deposit the fine amount. Hence, he prays for suspension of jail sentence and for grant of bail to the appellant. Though prayer for suspension is opposed by the learned panel lawyer, 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.4289/2020 is allowed and it is directed that subject to depositing fine amount and on furnishing personal bond by the appellants 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 appearance before the Court, the execution of custodial part of the sentence shall remain suspended, till the final disposal of this appeal.
The appellant after being enlarged on bail, shall mark their presence before the registry of this Court on 08.02.2021 and on all such subsequent dates, which are fixed in this regard by the Registry.
Certified copy, as per rules.
(S. K. AWASTHI) JUDGE Ajit Ajit Kamalasanan 2020.11.09 18:13:22 +05'30'