Kanaiyalal vs State Of Madhya Pradesh

Prakash Chandra Gupta, J

Also heard on I.A. No.12374/2023, which is first application filed under Section 389(1) of Cr.P.C. for suspension of jail sentence and grant of bail moved on behalf of appellant.

Learned trial Court has convicted the appellant under Sections 354(ka)(1) (i) and 354(gha) of IPC and sentenced him to undergo RI for 03 years with fine of Rs.1,000/-, respectively and Section 11(i) read with Section 12 of POCSO Act and sentenced him to undergo RI for 03 years with fine of Rs.1,000/- with default stipulation, vide judgement of conviction and order of sentence dated 19.07.2023 passed by the Special Judge, POCSO Act, Ratlam in S.C. No.84/2022.

Learned counsel for the appellant submits that he has not committed the offence and has falsely been implicated in the case. The appellant was on bail during trial and he has not misused the liberty granted to him. The trial Court has already suspended his sentence till 19.08.2023. Final hearing of this appeal is not possible in near future. Therefore, it is prayed that remaining jail sentence may be suspended and present appellant may be released on bail.

P e r contra, learned Govt. Advocate for the respondent/State has opposed the prayer and prayed for rejection of the application.

I have heard learned counsel for the parties and perused the record. Considering the facts and circumstances of the case coupled with the fact that final hearing of this appeal is not possible in near future, without expressing any opinion on merits of the case, the application I.A. No.12374/2023, is allowed and the jail sentence of the appellant shall remain suspended.

I t is directed that subject to depositing the fine amount, if already not deposited, appellant shall be released on bail, on his furnishing personal bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand only) alongwith a solvent surety in the like amount to the satisfaction of Trial Court, for his appearance before the Registry of this Court firstly on 11.10.2023, and on such other dates, as may be fixed by the Registry in this regard, till final disposal of this appeal.

List the matter for final hearing in due course.

Certified copy, as per Rules.