RAVI PANWAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Heard on I.A.No.7612/2023, an application under Sec. 389(1) of Cr.P.C. for suspension of jail sentence and grant of bail to the appellant pending the appeal.

(2.) T he appellant has been convicted for commission of offence under Ss. 363 and 457 of IPC and has been sentenced to R.I. for 01-01 year and fine of Rs.1000.00 - Rs.1000.00 with default stipulations bythe learned Special Judge (POCSO Act, 2012), Nasrullahganj, District Sehore (M.P.) vide judgment dtd. 29/3/2023 passed in S.T.No.96/2021 (State of MP Vs. Ravi Panwar).

(3.) Learned counsel for the appellant has submitted that appellant has been released on bail till 28/4/2023 by the trial Court itself. During trial, he was on bail and he has not misused the liberty granted to him by way of bail. Learned counsel further submitted that he has fair chances to succeed in appeal. There is no possibility of coming of this appeal for hearing in near future. Therefore, if the jail sentence is not suspended, the purpose of filing this appeal would become futile. On the other hand, learned counsel for the respondent/State has opposed the prayer for grant of bail to the appellant. Considering the short nature of sentence and contention of learned counsel for the appellant, I deem it proper to suspend the remaining jail sentence of the appellant because final hearing of this appeal is not possible in near future.