Rameshchandra vs State Of Madhya Pradesh And Others

Prem Narayan Singh, J

Heard on I.A. No.1943/2024, which is an application filed under Section 389 of the Criminal Procedure Code, 1973 for suspension of sentence on behalf of appellant.

The appellant has been convicted under Section 11(iv)/12 of Protection of Children from Sexual Offences Act, 2012 and sentenced to undergo 6 months R.I with fine each and default stipulations.

Learned counsel for the appellant submits that the appellant is innocent and has falsely been implicated in the case. It is submitted that the sentence of the appellant is already suspended by the trial Court till 27.02.2024. There is no likelihood final hearing of this appeal. Hence, remaining jail sentence of the appellant may be suspended.

Learned Government Advocate for the respondent/State opposes the prayer and prays for its rejection.

Considering all the facts and circumstances of the case and looking to the fact that sentence of the appellant is already suspended, I find it to be a fit case to suspend the custodial sentence of the appellant.

Accordingly, the application stands allowed and it is directed that the execution of jail sentence awarded to the appellant shall remain suspended till final disposal of the appeal, subject to the depositing the fine amount, if any, and upon furnishing personal bond in the sum of Rs.50,000/- (Rupees fifty thousand) with one solvent surety in the like amount to the satisfaction of the trial Court for his appearance before Registry of this Court on 01.03.2024 and on such other dates as may be fixed by the Registry in this regard.

Let the record be requisitioned.