Madhya Pradesh High Court
Deepak Verma vs The State Of Madhya Pradesh on 27 January, 2020
Author: Sunil Kumar Awasthi
Bench: Sunil Kumar Awasthi
1
THE HIGH COURT OF MADHYA PRADESH:BENCH AT INDORE
Criminal Appeal No.930/2020
(Deepak Verma Vs. State of M.P.)
Indore, Dated: 27/01/2020
Shri Vishal Panwar, learned counsel for the appellant.
Shri Gourav Verma, learned Public Prosecutor for the
respondent/State
Heard on I.A.No.801/2020, which is the first application under Section 389 (1) of Cr.P.C. for suspension of jail sentence on behalf of the sole appellant Deepak. The appellant has been convicted for offence punishable under Section 456, 354 of I.P.C. and Section 7/8 of Protection of Children From Sexual Offence Act, 2012 and sentenced to undergo 1 year R.I., 1 year R.I. and 3 years R.I. with fine of 500/- each with default stipulation vide judgment dated 28.12.2019 passed by Additional Judge, Rajgarh to the Court of 1st Additional Sessions Judge, Rajgarh in S.T.No.311/2017.
Learned counsel for the appellant submits that the appellant was on bail during the trial and he did not misuse the liberty so granted to them. The custodial sentence of the appellant has already been suspended by the trial till on 28.01.2020. There are fair chances of success of this appeal 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. Under these circumstances, he prays for suspension of jail sentence and for grant of bail to the appellant.
Though prayer for suspension is opposed by the learned Public Prosecutor, however, looking to the aforesaid, without 2 further commenting on the merits of the case, it would be appropriate to suspend the custodial sentence of the appellant.
Accordingly, I.A.No.801/2020 is allowed and it is directed that subject to depositing fine amount and on furnishing personal bond by the 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 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 his presence before the registry of this Court on 31.03.2020 and on all such subsequent dates, which are fixed in this regard by the Registry.
Certified copy, as per rules.
(S. K. AWASTHI) JUDGE praveen Santosh Digitally signed by Santosh Kumar Tiwari DN: c=IN, o=High Court of Madhya Pradesh Bench Indore, postalCode=452001, st=Madhya Pradesh, Kumar 2.5.4.20=6786ce47881242387139baa85061 20a45637ac1466d1353133b8571c8d1a1a9 b, serialNumber=0df066b5d65485a7dc86ffbb Tiwari e7a15909648313981e4d77f8cf9b0cfee0d9 386d, cn=Santosh Kumar Tiwari Date: 2020.01.27 13:49:57 -12'00'