Sanjay @ Vikki vs State Of Madhya Pradesh

Achal Kumar Paliwal, J

Heard on admission.

The appeal is admitted for final hearing.

Record of the trial Court be requisitioned.

Also heard on I.A. No.21359/2023, an application under Section 389(1) of the Cr.P.C. for suspension of remaining jail sentence and grant of bail to appellant- Sanjay @ Vikki arising out of judgement dated 11.08.2023 delivered in S.T.No.358/2016 by the Special Judge POCSO, Jabalpu, District Jabalpur.

T h e appellant has been convicted under Section 307 of IPC and sentenced to undergo R.I. for 3 years with fine of Rs.2000/- with default stipulation.

Learned counsel for the appellant submits that Trial Court has suspended the sentence of the appellant till 6.9.2023. Final hearing of this appeal is not possible in near future. Thus, it is prayed that remaining jail sentence of the appellant may be suspended.

The prayer is opposed by learned counsel for the State.

Considering the short sentence coupled with the fact that final hearing of this appeal is not possible in near future, I deem it proper to suspend the remaining jail sentence of the appellant.

Accordingly, I.A. No.21359/2023 is allowed.

Subject to depositing the fine amount, if not already deposited, the remaining jail sentence of the appellant is hereby suspended and it is directed that appellant- Sanjay @ Vikki be released on bail on his furnishing a personal bond for a sum of Rs.30,000/- (Rupees thirty thousand only) with one solvent surety of the like amount to the satisfaction of the trial court with a further direction to appear before the trial court Jabalpur, District- Jabalpur on 07.11.2023 and also on such other dates, as may be fixed by the trial court in this regard during the pendency of this appeal.

List the matter for final hearing in due course.

C.C. as per rules.