Madhya Pradesh High Court
Sachin @ Cartoon vs The State Of Madhya Pradesh on 29 September, 2022
Author: Satyendra Kumar Singh
Bench: Satyendra Kumar Singh
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
CRA No. 8726 of 2022
(SACHIN @ CARTOON Vs THE STATE OF MADHYA PRADESH)
Dated : 29-09-2022
Shri Surendra Kumar Gupta, learned counsel for the appellant.
Shri Rajesh Joshi, learned Govt. Advocate for the respondent/State.
Heard on I.A.No.13045/2022, an application for suspension of jail sentence of the appellant - Sachin alias Cartoon.
Appellant has been convicted by 13th Additional Sessions Judge & Special Judge(POCSO) Distt. Indore vide judgment dated 06.09.2022 passed in S.C. No.154/2018 for commission of offence punishable under Section 323 of IPC and Sec 11/12 of POCSO Act and sentenced to undergo RI for 06 months and RI for 03 years with fine of Rs.1,000/- with default stipulation.
Learned counsel for the appellant submits that short sentence has been awarded to the appellant by the learned trial Court. He submits that the learned Special court erred in holding the appellant guilty in the alleged offence. There are omissions and contradictions in the finding of the learned trial court. The final conclusion of the appeal shall take considerable time. Hence, prays that application for suspension of sentence be allowed.
Learned Govt. Advocate for State has opposed the prayer and prays for rejection of the application for suspension of sentence.
On due consideration of the facts and circumstances of the case so also looking to the short sentence awarded by the learned trial Court to the appellant, without expressing any opinion on merits of the case, I.A.No.13045/2022 is allowed.
It is directed that upon appellant depositing the fine amount (if not Signature Not Verified Signed by: SEHAR HASEEN Signing time: 9/30/2022 10:30:11 AM 2 already deposited) and on furnishing a personal bond to the tune of Rs.50,000/-(Rupees Fifty Thousand only) with one solvent surety in the like amount to the satisfaction of the trial court, the substantive jail sentence of appellant shall remain suspended till the final disposal of the appeal and he shall b e released on bail for his appearance before the Registry of this court on 02.11.2022 and all other subsequent dates, as may be fixed in this behalf by the Office.
Record of Court below be requisitioned.
List for admission after receipt of record.
C.c. as per rules.
(SATYENDRA KUMAR SINGH) JUDGE sh Signature Not Verified Signed by: SEHAR HASEEN Signing time: 9/30/2022 10:30:11 AM