Ayodhya Saket vs State Of Madhya Pradesh

Record of the court below is available.

Heard on admission.

Appeal is admitted for hearing.

Heard  on I.A.No.4493/2020, which is an application filed by the accused/appellant, under section 389 (1) of Cr.P.C. for suspension of his jail

sentence awarded by the Court of Special Judge POCSO Act/Third Additional Session Judge, Sidhi in Special Case No.11/2018 vide its judgment

dated 14.02.2020 convicting the appellants/accused under section 354 of the IPC and sentenced him to undergo RI for 3 years with fine of Rs.1,000/-

with default stipulation as mentioned in the impugned judgment.

As per prosecution case, on 05.11.2017 at about 10 O'clock accused/ appellant restrained the prosecutrix aged about above 18 years of age,

thereafter he outraged her modesty. Therefore, case has been registered against the accused/appellant for the aforesaid offence.

L e a r n e d counsel for the appellant/accused submits that accused/appellant has been falsely implicated in this Case. There are material

contradictions and omissions in the statement of the witnesses. The evidence of prosecutrix (PW-1), her mother (PW-2) and father (PW-3) is not

reliable. No independent witness was examined by the prosecution. This appeal is of year 2020 and trial will take time to conclude the same. There is

fair chance

t o succeed in the appeal. There is no likelihood of his absconding and tampering with the evidence. Under the circumstances, if the sentence of the

appellant is not suspended, their right to file appeal will be futile. The trial Court already suspended the execution of jail sentence and grant bail to the

 Hence, prayer is made for suspension of jail sentence and grant of bail of present accused/ appellant.

Learned Panel Lawyer has opposed the application and prayed for its rejection.

Having considered the arguments advanced by learned counsel for the parties and the fact that the trial Court already suspended the jail sentence of

the appellant and granted bail, this appeal is of year 2020, final hearing of this appeal will take time, but without commenting anything on the merit of

the case, the said I.A. is allowed.

It is ordered that subject to payment of fine amount, if not already deposited, the execution of jail sentence of the appellant Ayodhya Saket shall

remain suspended during the pendency of this appeal and he be released on bail on his furnishing a personal bond for a sum of Rs.50,000/-(Rupees

Fifty Thousand Only) with one solvent surety in the amount of Rs. 50,000/- to the satisfaction of the trial Court for his appearance before the trial

court on 24.11.2020 and thereafter on all other such subsequent dates, as may be fixed by the trial court in this regard.

I n case, the appellant is found absent on any date fixed by the trial court then the said court shall be free to issue and execute warrant of arrest

without referring the matter to this Court, provided the Registry of this Court is kept informed.

List this matter for final hearing in due course, as per listing policy.

C.C. as per rules.