SONU Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Heard on I.A. no. 5615/2023 which is an application filed under Sec. 389 (1) of Cr.P.C on behalf of appellant Sonu for grant of bail and suspension of remaining jail sentence.

(2.) The appellant has been convicted under Sec. 11(iv) read with Sec. 12 of the POCSO Act and sentenced to undergo one year R.I with fine of Rs.2000.00 with default stipulation. Learned counsel for the appellant contended that the appellant is innocent and has been falsely implicated in this offence. During trial, he was remained on bail and he has not misused the liberty granted to him. There is material contradictions and omissions in the statement of the prosecution witnesses There is strong case in favour of the appellant. Final disposal of the appeal will take considerable long time. Under these circumstances, he prays that the application be allowed and the remaining jail sentence of the appellant be suspended till final disposal of the appeal. Learned GA for the respondent/State opposed the prayer for grant of bail and suspension of remaining jail sentence of the appellant by submitting that the appellant has been properly convicted and sentenced by the trial Court.

(3.) Considering all the facts and circumstances of the case, arguments advanced by both the parties as also taking note of the fact that the appellant was remained on bail during trial and he has not misused the liberty granted to him and final disposal of appeal is likely to take time, I deem it proper to suspend the remaining jail sentence of appellant Accordingly, IA No.5615/2023 is allowed and the execution of remaining jail sentence of the appellant is hereby suspended till the final disposal of this appeal and it is ordered that the appellant be released on bail upon his depositing the fine amount, if not already deposited, and upon furnishing a personal bond in the sum of Rs.75,000.00 with one solvent surety of the like amount to the satisfaction of the trial Court, with a further direction to appear before the Registry of this Court on 02/11/2023 and on such other dates, as may be fixed by the Registry of this Court in this regard during the pendency of this appeal. Let record of the Court below be requisitioned. C.C. as per rules.