Pradeep vs State Of Madhya Pradesh

Vishal Dhagat, J

Appellant has filed an application i.e. I.A. No.14970/2022 under Section 389(1) of Code of Criminal Procedure for suspension of jail sentence. Appellant has been convicted under Section 354 of the Indian Panel Code and Section 7 read with Section 8 of Protection of Children from Sexual Offences Act and sentenced to undergo R.I. for three years each with fine amount of Rs.500/- each, with default stipulation to undergo RI for one month each by the impugned judgment dated 30.07.2022 passed by Special Judge, POCSO Act, Khandwa (M.P.) in Special Case No. 34/2020.

I t is submitted by counsel for the appellant that appellant has been sentenced to a fixed sentence of three years and there is no likelihood of completion of appeal in near future. Sentence of appellant is already suspended by trial Court upto 30.08.2022 enabling him to file appeal before this Court. Appellant has not misused the liberty granted to him by trial Court. On said grounds, he prayed that appellant may be released on bail and his jail sentence may be suspended.

Learned Panel Lawyer opposed the application for suspension of sentence.

Considering the facts and circumstances of the case and looking to short term sentence and the fact that hearing of appeal is likely to take some long time, I.A. for suspension of sentence is allowed.

It is hereby directed that the sentence awarded to appellant-Pradeep shall remain suspended during the pendency of this appeal and he shall 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 bond of the like amount to the satisfaction of the trial Court for his appearance before the Registry of this Court on 19.12.2022 and on other dates as may be fixed in this regard till final disposal of this appeal.

Registry is directed to call for record from trial Court.

List the matter for admission after four weeks alongwith the records.

C.C. as per rules.