Haridas vs State Of M.P

Satyendra Kumar Singh, J

Heard on I.A.No.895/2022, an application under Section 389(1) of Cr.P.C.for suspension of sentence filed on behalf of appellant.

The appellant has been convicted under Section 354 of IPC and sentenced to undergo one year RI with fine of Rs.1,000/-, under Section 12 of the

Protection of Children from Sexual Offences Act and sentenced to undergo one year RI with fine of Rs.1,000/- with default stipulation vide judgment

of conviction dated 5.1.2022 passed by Special Judge (Protection of Children from Sexual Offences Act, 2012), Indore, District Indore in Special

S.T.No.167/2020.

Learned counsel for the appellant submits that learned trial Court has not properly appreciated the evidence available on record. The appellant was on

bail during trial and he has not misused the liberty. The trial Court has already suspended the sentence for a period of one month. There is no

likelihood of early conclusion of the trial. Therefore, in the aforesaid circumstances prays for suspension of sentence and enlargement of appellant on

bail, on such terms and conditions this Court deems fit and proper.

Per contra, learned Panel Lawyer opposes the prayer for suspension of sentence and submits that the trial Court has rightly convicted the appellant.

After considering the rival submissions and the material pointed out by learned counsel for the appellant and also considering the fact that final

conclusion of the appeal will take considerable long time, but without commenting on merits of the case application is allowed.

It is directed that jail sentence of the appellant shall remain suspended subject to deposit of fine amount, if not already deposited, and he be released on

bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rs. Fifty thousand only) with one solvent surety in the like amount to the satisfaction

of the trial Court. The appellant is directed to appear before the Registry of this Court on 7.3.2022 and on other subsequent dates as may be fixed in

this behalf.

Accordingly, the IA stands disposed of.

List for admission alongwith record of the trial Court.

Certified copy as per rules.